IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG Case No. In the matter between: ELIAS SEKGOBELO MAGASHULE Applicant and CYRIL RAMAPHOSA. 48' Respondent JESSIE DUARTE 2" Respondent AFRICAN NATIONAL CONGRESS 3 Respondent NOTICE OF MOTION PLEASE TAKE NOTICE that the agplicant intends to apply to the above Honourable Court at 10100 on 1 June 2021, of so soon thereafter as the application may be heard or as directed by the Honourable Deputy Judge President, for an order: 1 Directing that this application be heard on the basis of urgency in terms of Rule 6(12)(a) of the Uniform Rules of Court;= 24. 2.2, 23, 24, Declaring: the ANG step-aside rule or regime and/or Rule 25.70 of the ANC constitution to be unlawful, unconstitutional, invalid and null and/or void ab initio, the suspension letter issued by the firsi respondent on § May (but dated 3 May) 2021 to be unlawful, unconstitutional, invalid and null and/or void ab initio, the suspension of the first respondent to be valid and effective until lawfully nullified; and the instruction announced by the first, second and/or third respondents for the applicant to apologise for issuing the suspension letter to the first, respondent to be unlaw‘ul and unenforceable. Setting aside and/or uplifting the suspension of the applicant from his position as ANC Secretary-General or any other pesition or status he held or enjoyed in the ANC as at 5 May 2021; Further, alternative, appropriate, just and/or equitable relief and remedies; Ordering any respondent who opposes this application to pay the costs thereof, PLEASE TAKE NOTICE FURTHER that the affidavit of Elias Sekgobelo Magashule, annexed hereto, will be used in support of the application. PLEASE TAKE NOTICE FURTHER that the applicant has appointed the address of his attorneys, as set out hereunder, as the address at which he will accept notice and service of all documents and processes in those proceedings.PLEASE TAKE NOTICE FURTHER that if either of tho respondents intends opposing this application, they are required (2) to notify the applicant's attomeys in writing by filing a notice of intention to oppose on or before 14n00 on 14 May 2021; and to agpoint in such Totification an address at which notice and service of all documents in these proceedings shall be accepted; and {b} on or before 16h00 01 29 May 2021, 10 file their answering affidavit, i any. Hfno such notice is given, application will be made on 1 June 2021 at 10h00 or so soon thereafter as the matter may be allocated for hearing. PLEASE SET THE MATTER DOWN ACCORDINGLY. ch DATED at JOHANNESBURG on this the 13 day of May 2021 SS MABUZA ATTORNEYS Applicant's Attorneys 18! Floor 83 Central Street Houghton Johannesburg Tel: 011 483 1508 Fax: 011 7280145 Cell: 082 561 1087 email: eric¢@mabuzas.co.za Ref: MrET Mabuza To: THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURGAND TO: 1*, 24 and 3% Respondents’ Clo African National Congress chief Albert Luthuli House 54 Pixley ka Isaka Seme Street JOHANNESSURG Ms Jessie Duarte email, jessie.duarte@outlook.com krish-maidoo@outlook.com service by email Recelved a copy hereof this day of May 2021 for RespondentsIN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG Case No: In the matter between: ELIAS SEKGOBELO MAGASHULE Applicant and CYRIL RAMAPHOSA 1* Respondent JESSIE DUARTE 2m Respondent AFRICAN NATIONAL CONGRESS 2" Respondent FOUNDING AFFIDAVIT |, the undersigned, ELIAS SEKGOBELO MAGASHULE do hereby make oath and say that: 1. | am an adult male and the urlawhully suspended Secretary General ('SG") of the African National Congress ("ANC"), who resides in Johannesburg, Gauteng province. € EA The facts herein contained are within my own personal knowledge and are to the best of my knowledge and beliof both true and correct. Where | make submissions of a legal natura, | do so on the advice of my legal representatives. LOCUS STANDI | bring this application in terms of section 38(a) and/or (d) of the Constitution of the Republic of South Africa, acting in my own interest, in my individual capacity as a citizen of South Africa and also in my capacity as a member and/or elected leader and official of the ANC, more specifically as its SG and member of its National Executive Committee (“NEG”) and National Working Committee (‘NWC"), as well as the general public interest. In these capacities, lam a bearer of various common-law (contractual) and constitutional rights, the breach, infringement anc/or violation of which lies al the heart of this application THE PARTIES lam the applicant in this mattor. The first resoondent is Cyril Ramaphosa, an adult male employed as the President of South Africa, who is cited herein in his personal capacity and in his official capacity as the President of the ANC, c/o Chief Albert Luthuli House, 54 Pixley ka Isaka Seme Street, Johannesourg The second respondent is Jessie Duarte, an adult female, who is cited herein in hor official capacities as the Deputy Secretary General ("DSG") and who was more recently and on 10 May 2021, appointed as the Acting Secretary AUN nm10. "1 General of the ANC, clo Chief Albert Luthuli Houso, $4 Pixley ka lsaka Seme Street, Johannesburg The third respondent is the African National Gongress (or ANG), 2 voluntary association and political party, registered in terms of the electoral laws of the Republic of South Aftica, read with section 19 of the Constitution of the Republic, with its registered address, head office and principal place of business at Chief Albert Luthull House, 54 Pixley ka Isaka Seme Street, Johannesburg. Costs of the application will only be sought against any respondent(s) who enter(s) an intention to oppose the application NATURE OF THE APPLICATION in my aforesaid capactties, | am entitled to various rights which flow directly from my membership of the ANC, from the ANC constitution and from the Constitution of the Republic of South Africa and which have been breached, violated and/or infringed by the conduct of the respondents detailed in the rest of these papers. The primary relief sought in this application is declaratory in nature fowing from both section 21 of the Superior Courts Act and/or section 38 and/or 172 of the Constitution. Consequent upon such declarators of unlawfulness, | seex relief to set aside the Impugned decisions which flow from such unlawtulness. The cluster of constitutional rights relied upon in this application include sections 2, 9, 10, 19 and 35 of the Constitution, which are also provided for in various Rules of the ANC constitution and its various annexures. The relevant12 13. 14, contractual rights emanate from the relevant provisions of the ANC constitution and the applicable guidelines, Given the nature of the issues and the identities and public roles of all the Parties, the outcome of this application will have @ huge and profound Impact ‘on the public interest going right up the highest office in the ruling party and the state. Insofar as the application is brought on the basis of urgency, altamatively so- called semi-urgency, it is not anticipated that the respondents will or can sustainably argue that it must be heard in cue course, given all the circumstances outlined below under the heading of “Urgency” in section H. will also propose to the respondents that it is in the interests of certainty end the organisation that the issues reised herein be ventilated and determined spesdily and that, as such, the Honourable Deputy Judge President of this Honourable Court be jcintly approached to ellocate this matter specifically end ‘expeditiously io be heard either by a single Judge or oreferably by the Full Court, and to implement related logistical arrangements for the hearing. Failing such agreement, the matter will be placed on the urgent roll in line with the applicable Rules of Court, as outlined in the notice of motion. Before canvassing all the procedural and substantive legal issues outlined above, | need to autline the relevant factual background in some detail. This is necessitated by the long factual history of the issues dating back to a poriod even before the last National Conference of the ANC, held in December 2017 in NASREC, Johannesburg. It is to that factual background that I now turn. ee Et15. 16. 17. 18. FACTUAL BACKGROUND AND RELATED SUBMISSIONS 'have been a loyal member of the ANC for all my adult life, having joined the organisation in the late 1970s, when it was still banned in apartheid South Africa, and | participated in its underground activities under the guidance of ‘some of its bast known leaders, in particular the late Mrs Winnie Madikizela- Mandela and others. In the early 1980s, | was elected as the Leader of the United Democratic Front UDF") in the then Northem Free Siate region, where my hometown of Parys is situated. The UDF was for all intents and purposes the internal wing of the ANC. Upon the unbanning of the ANC in February 1990, | formally took up its membership ard was repeatedly elected as its Chairperson in the Free State province uniil | became the SG in 2017. | have been a member of the NEG of the ANC since 1292 to date. | am therefore very much steeped in and familiar with the rules, regulations traditions and operations of the ANC. | fully quality as an expert thereon, bearing in mind my long experience and previous positions and deployments as Provincial Secretary, Provincial Chairperson, Premier and at present as Secretary General, the fourth highest position in the ANC. | was democratically elected into the position of Secretary General for a five- year term at the ANC's most recent National Conference held at NASREC, Johannesburg from 15 to 20 December 2017. My term of office will expire in December 2022.The relevant structures of the ANC 19 20 Tho pesition of Secretary General is the highest full-time position in the ANC. It entails being in charge, inter alia, of the dey-to-day running of the organisation, hence it has been correctly likened to the position of Chiet Executive Officer and also colloquially referred to as the engine of the ANC. The powers of the Secretary General are defined in Rule 16.6 of the ANC constitution, which provides thet: “16.6. The Secretary General The Secretary General is the chief administrative officer of the ANC. He or she shall 16.8.1 Communicate the decisions ofall national structures of the ANC on behalf of he NEC; 16.6.2 Keep the minutes of the National Conierence, the National General Council, the NEC, the NWC, as well as ather records of the ANC; 16.6.3 Conduct the correspondence of the NEC and the NWC end send out notieas of all conferences and meetings at the national level 16.8.4 Convey the decisions and instructions of the National Conference, the National Genera! Council, the NEC and the NWE to the Provincial Executive Cormmitises and see to i thet all units ofthe ANC carry out their duties properly: 16.6.5. Prepare annual reports on the work of the NEC and the NWC and such other documents which may, from time to time. be required by the NEC and the NWC; 16.6.6 Present to the National Conierence and National General Courci! a comprehensive statement of the state of the organisation and the administrative situation of the ANC’ (my emphasis). ‘The second-highest ranking fulltime position is that of e Deputy Secretary General. To extend the analogy, the Deputy Secretary General is therefore24 23. the Deputy-CEO of the ANC. Rule 16.9 of the ANC constitution defines the role and powers of the DSG as follows: “The Deputy Secretary General shall assist the Secretary Generel, deputise for him or her_ when necessary, and carry out the functions entrusied fo the Secretary General by the National Conference, the National Council, the NEC or the NWC end shall be an ex officio member of the NWO.” (my emphasis), The last and third highest ranking full-time position is that of the Treasurer General, who is the effective Chief Financial Officer of the ANC. Ranking immediately below the six Officials of the ANC (commonly referred to as the “Top-6") are 80 “ordinary” members of the NEC, wno are also directly elected by the voting delegates of the National Conference. The other members of the Top 6, who are all not fulttime, are, in the order of seniority, the President, the Deputy President and te National Chairperson. The next important structure which is of some relevance to this apolication is the National Working Committee (NWC"), which is a sub-committee of the NEC and which is charged, infer alia, with the operation and processing and implementation of the decisions of the NEC. The overall structure and configuration of the ANC is decidedly hierarchical. It operates on the basis of democratic centralism, meaning that the decisions of higher structures are binding upon lower structures. An important point to underscore is that the ANC is an organisation of branches. To be a member, a person must necessarily belong to a branch. All the above structures owe their existence and powers to the branches which e3: Le tC keare the basic units of the ANC. As such, the National Conference is the supreme decision-making structure of the ANC, gs provided for in Rule 10.1 of the ANC constitution. The National Conference is made up of delegates, which simoly means that every person who votes therein must have been delegated by one or other structure of the ANC. 90% of the delegates are mandated by branches. 24. No other structure can lawfully contradict, vary or rescind the decisions or resolutions of the National Conference. Next comes the NEC, which is the highest decision-making structure between national conferences. Only a subsequent conference can alter, amend or reverse a decision or resolution duly adopted by a National Conference. For example, the NEC does not have the same powers as the National Conference to amend the Constitution of the ANC or to change the name and/or colours of the organisation or the size or terms of office of its NEC and many other maiters. 25. To round off this section, it must be stated that it is by now trite, setlled and common cause that the ANC constitution forms the basis of the suf generis contract between the ANC and its individual members such as me, and any provision of the ANC constitution or conduct on its part which is in conflict with the Constitution of the Republic of South Africa is automatically invalid and of no legal force and effect and void ab initio. All things being equal, such conduct must be declared as unlawful and unconstitutional, Factions and factionalism 26. It is an open secret and a matter of which this Honourable Court may take Judicial notice, that the 2017 NASREC Conference of the ANC was a very es: ce27. 28 29. tightly contested atfeir. mainly between the eventually successful grouping or faction which supported the current President of the ANC, known as “the €R 17" faction and ancther rival faction which supported the presidency of Minister Nkosazana Diamini-Zuma, known as ‘the NDZ’ faction. Itis also well- known and in the public domain that in a conference of approximately 5000 delegates, the CR 17 ticket won by a thin margin of only 179 votes. In respect of the other most significant position in the Top 6, namely that of Secretary- General, | was nominated by the relevant structures on the NDZ ticket and my candidature was opposed by Minister Senzo Mchunu, who was standing on the CR 17 ticket. | won the election, albeit by an even thinner margin of 24 votes. It would be fair to say that the conference was, for all intents and purposes, divided right down the middle, To date, it has been widely accepted that unfortunately the leadership of the ANC {including me) has unfortunately dismally failed to reconcile the two main factions, with potentially dire consequences for the ANC. All indications are that the di ions have crystallised more deeply since the conference. The divisions between these rival factions were also defined by deep-seated ideological divisions about the politcal direction which the ANG needs to take in order to resolve one of the most pressing problems facing present-day South Africa. Simplistically put, the CR-17 ticket favours a reformist and tentative approach to transformation, with too much emphasis on paciiying investors, ratings agencies and local big business, which remains white dominated. On the other hand, the other grouping believes that a much more fast-paced and radical economic transformation programme, which is more e ©. S &30. 31 32. 32.4 to focused on the needs of the poorest and most marginalised section of the population and not the richest of them. Save for a few opportunistic individuals who were leading lights in the NDZ faction but who tumed to the CR 17 faction in the realistic hope of securing ministerial positions, the factions have remained intact and operate on the basis of mutual distrust and suspicion of each other, ‘Some of the serious and profound utterances made at the latest meeting of the NEC, which were unfortunately leaked to the media, will assist the court and bear out what | have stated above and the undesirable consequences for the ANC and indeed for the country as a whole. Accordingly, | refer to the transcripts of what was said in the meeting by NEC mombers, Dakota Legoete, (former President) Thabo Mbeki and (Limpopo Premier) Stenley Mathabatha, to mention a few. The transcripts are annexed hereto marked “SG ‘SG2’ and “SG3" respectively. In summary: Dakota Legoete expresses the view that the step-aside rule is boing applied selectively and factionally rather than to achieve the stated goal of eliminating corruption within the ranks of the ANC. He also laments the negative impact of the ongoing factionalism on service delivery to the public. He significantly points out that the NEC has been consumed with factionalism at the expense of much needed projects which can change the fortunes of the citizens. He also suggests thal state organs, and in particular the National Prosecuting Authority, operate selectively and against members of a particular faction, while those in the dominant33, 34, 35, 32.2. 32.3. a faction are untouchable. Ho concludes by waming the first respondent to be the President of the ANC and not the President of a faction; Former President Thabo Mbeki highlights the views exoressed by other NEC members as worthy of serious consideration. Such views include concems that the ANC may no longer be existent in its desired or intended form, that is its collapse is Imminent and that the NEC does not operate properly and according to expectations. He seems to support a proposal for a 2 or 3 day “retreat” to address these concerns; and Stanley Mathabatha expresses the view that some of the supporters of the CR 17 faction, who claim to be defenders of the President, are sowing divisions and spreading lies in the provinces in pursuit of their own factional agendas. He offered to mention the culprits by name. | associale myself and agree with all the sentiments expressed by these leaders as they are truly reflective of the current state of the ANC, which is precarious to say the least. In fact, while the leaking of NEC doliberations must be condemned in the strongest possible terms, the more fact that such leaks are happening is in itselfan indication of the sony state of the organisation ard the endemic levels. of factionalism in its highest structures. I give all these details in order to support my fervent and steadfast belief that factionalism and not the tace of some newfound anti-corruption clean-up is what lies behind my unlawtul, radical and premature suspension. It would be demonstrably naive in the extreme to accept the opposite view, which is cs2 continued by some to mask their real intentions. At the core of the issues is the malaise of factionalism. Thore are no angels and devils, as the issues are carefully choreographed in the mainstream media, which supports the dominant CR-17 faction. The real motive behind my being purged is the desire to remove me, by hook ‘oF by crook, from the all-powerful position of SG, so that tho road to the re~ election of President Cyril Ramaphosa and his faction in the next National Conference is made easier. | may add that the fears that I would interfere with the democratic process are a misplaced sign of unnecessary panic. The relevant sequence of events, decisions, resolutions and policies of the ANC (the step-aside rule or regime) 37. 38, 39, 40. ‘One of the most serous problems facing South African society, the South African state (which is govemed by the ANC) is corruption. It manifests itself in many guises, including zbuse of public power and positions, as well as the phenomenon known as state capture and other criminal activities. Corruption and malfeasance, particularly but not exclusively in the public sector, threatens the very survival of the South African state and the ANC itself as the governing party. The President of the ANC has in the past officially declared the ANC as “Accused Number One" in relation to the scourge of Corruption in South Africa. itis against this background that the ANC conceived of the step-aside regime in its original form. nN &41. 42. 43. 44, 45, B This application concems the lawfulness, content and/or implementation of the so-called step-aside rule or regime of the ANC in ite current incamation, the definition, genesis and contont of which | discuss in these papers, ‘As can be gleaned from the relevant documentation which forms part of this application, the step-aside rule or regime is defined as follows: “Stepping aside means that the participation and conduct of a member, office-bearer, or public representative, must be guided by the best interests of the organisation, and the undertakings set out in the ‘Members’ Oath prescribed in Rule 4.16. This may include relinquishing forgoing, or retraining from exercising, temporarily or permanently, int whole or in part, her or his rights, duties and responsibilities as a member, office-bearer or public representative.” One of the most encouraging responses of the ANC to the phenomena of corruption and state caoture among its own ranks was the passing at its 2015 National Generel Council of a resolution to the effect that: "ANC leaders and members who are alleged to be involved in corrupt activities should, where necessary, step aside until their names ere cleared’ (my empnasis). What was clearly envisaged at that stage was that the 2017 National Conference would pass the necessary resolutions). In brief and upon further analysis of the etep-eside regime, one can also discern a differentiation between voluntary step-aside end imposed temporary suspensions in terms of Rule 25.70 upon failure to step aside voluntarily. This 6 gc. os 3 &.6. 47. 48. 49. 50. 14 distinction, which must be noted, has some significant legal implications which will be more fully dealt with during legal argument. Following on the above and at its 54 National Conference held at NASREC. and referred to above, the ANC passed the key resolution relevant hereto under the topics "ANC Credibility and integrity: Dealing with Corruption’ ard "On Fighting Crime end Comruption” In November 2002, National Prosecutions Authority (‘the NPA’) took a decision to charge me with criminal offences related to my tenure as the former Premier of the Free State, whica position | held from 2008 until my election as a full-time ANC Official in December 2017. The charges relate to allegations of wrongdoing In respect of allegations to implement oversight over certain functionaries who were a part of the provincia! administration of the Free State. To my knowledge. no other public official in the history of South Africa has ever faced criminal charges in respect of Indirect criminal liability for lack of “oversight. It is an oddity, if not a cownright absurdity. To that extent and upon inspsction of the cherges and upon analysing the charges, the officials of the ANC came to the unenimous and correct conclusion that the charges against me ere frivolous and unsustainable. | was present at that meeting. That conclusion was correct, Since my being charged, my legal representatves have repeatedly requested the NPA to fumish me with the contents of the docket on the basis of which the decision to prosecute was taken. These requests have falien on deaf ears5 5 2 1. 2 8 and to date such information has not been forthcoming, I have since given instructions for an application to be brought to compel the National Prosecuting Authority to comply with its obligations. Be that as it may, in or about August 2020, the NEC, purporting to be implementing the abovementioned resolutions of the National Conference, took a decision to investigate the lawiuiness of the step-aside regime and/or the modalities of its Implementation if it was lawful This included, inter alfa, seeking legal opinions from a wide range of legal experts, including diffaront senior counsel who have specialist knowledge in that branch of the law. These opinions are referred to later in this affidavit twas widely speculated in the media, among the membership of the ANC and within society in genoral that these steps were being taken to target me Personally, with the aim of advancing the aforementioned factional agendas and, more specifically, to remove my rights as a member and leader of the ANC to participate in the political activities of the ANG and its structures ahead of the next elective National Conference of the ANC to be held in 18 months time. | also share thal view for all the reasons mentioned in these papers and which will be expanded upon during legal argument. It is also a widely held view that the office of the Secretary General is pivotal to the organisation of a successful conference and could even potentially determine its outcome, particularly if it is closely contested. This stems from the fact that the office of the Secretary General is capable of disellowing non- compliant branches, delegates and structures from particivating in the conference. The office plays the role of a constitutional gatekeeper and e &16 referee in respect of the eligibility for participation in the elective conference. This is so according to the democratic will of the majority of the members of the ANC, Itis therefore not surprising that the dominant CR-17 faction within the NEC, which is the so-called CR Faction, would stop at nothing in their quest ‘o capture the office of the Secretary General, including the unlav/ul Manipulation of the resolutions of the National Conference for the achievernent of ulterior factional purposes not envisaged by the National Conference delegates. OF course, | have no intention to abuse the office beyond exercising such Powers as the majority of the branch delegates democratically decided 1 should possess. Indesd, by electing me as Secretary General, the majority of the delegates were specifically assigning me with the task of running the organisation for five years and organising the next conference in December 2022. Their wishes cannot be easily, nefariously and unlawiully reversed and subverted on the basis of unfounded fears. Every member of the ANC, including me, is entitled to the protection of the courts to prevent that from being unlawfully removed, even temporary, from his or har democratically elected position. Self-help, on the part of an aggrieved member or his or her supports, is inadvisable and would be unlawful, leading to potentially dire consequences. Only the courts can prevent the realisation thereof, On 12 December 2021, | attenced a meeting at the invitation from the Integrit Commission of the ANC (‘the IC”) in relation to the charges brought against me by the NPA.59. 60. 61 62, 7 | provided all the information required from me to the IC to ensure that the IC understood the frivolous character of the charges brought against me by the NPA, I stressed to the IC that | am at all times bound by the decision of the Collective. | have been a dedicated member and understand the constitution and rules of the ANC. Hurther stressed my agpreciation of the seniority of the position of SG which | occupy and the responsibilities attaching thereto. Having attended the meeting, the decision reflected in the relevant report of the IC was the immediate implementation of the NEC resolution of 6-8 August 2020, failing which io invoke Rule 25.70 against me. A copy of the IC Report is annexed hereto marked “SG4". It has always been and continues to be my exoress Intention to appeal these findings or recommendations but my repeated requests for the record have fallen on deaf ears. In any event, the Proposed implementation of the step-aside resolution was sudsequently overtaken by the events of the February and March NEC meetings, which are more fully cescribed in these papers To close this section, | need to put it plainly that there is no other single conduct which is calculated to sow divisions and possible collapse of the ANC than the current unfair, selective and factional “implementation” of the revised step-aside regime Accordingly, while no sane person can oppose the spirit of the original step- aside regime, as resolved by the National Conference, the current and a18 unlavéfully and factionally reconfigured version thoroof must be resisted and declared untawdulif the ANC is to survive. Failure to do so will try spell the end of the organisation. Process blow-by-blow (correspondence, reports, etc) 63. 64, 65. 66. tis significant to note that since the adoption of the relevant resolutions et the NASREC Conference, three full years passed before the alleged “implementation” thereof. In that period, hundreds of ANC members, including its President, were implicated in corrupt activitios and/or the use of money to buy conferences without any recourse. It is also common cause that a large number of resolutions passed at the NASREC Conference on such significant matters as land, the state bank, nationalisation of the Reserve Bank, the Basic Income Grant and many others, have net been implemented at all as the term of the currant NEC is drawing to an end next year. However and as soon as charges against me were apparently imminent or actually proffered by the NPA, the organisation went into an unprecedented overdrive hastily to ‘implement’ the step-aside regime, It unfortunately sought to do so in the unlawful and skewed manner described in this application and clearly borne out by the objective documentary and ether evidence. The claim that such conduct was simply motivated by the desire to implement the NASREC resolutions is demonstrably false. What the NEC actually did was to fundamentally alter and amend the NASREC resolution anc to narrow it beyond recognition in order to apply it selectively and to achieve factional Eo et67. 69, 70. m1 19 goals rather than its intended purpose. Any objective analysis of the relevant resolutions and/or guidelines will attest to this. | am advised that at the hearing of this application, such an analysis will be put at the heart of the case. In brief, it will be cbserved that the ambit and reach of the relevant National Conference resolutions was aimed at members who are “accused of, or reported to be involved in, corrupt activities”, who should, ‘where necessary’, steo aside “unt their names are cleared” By way of contrast, the new rule which has been unlawfully re-engineered and redesigned and repurposed by the ANC in the pasi six months or so now exempts those hundreds of people and only targets those members who are “formally charged for corruption or other serious crimes" to step aside ‘pending the finelisetion of their cases”, Later the net was even further narrowed to draw a new “line in the sand” between the organisation and “those who steal and commit other crimes against the people” The differences between these versions are not subtle and their introduction has never been rationally explained. This Is so simply because there is no innocent or lawful explanation thereof. ‘The above decisions, which completed the narrowing process referred to above, were collectively taken at three crucial meetings of the NEC, held on 13-14 February 2021, 26-28 March 2021 and 28-30 August 2020, respectively, and as referred to in the letter of my suspension. The false and contrived anti-corruption crusade is being used as a russ to purge those who72. 73. 20 are unwanted due to ideological or factional differences. Some of the most allegedly corrupt elements in the ANC, who happen to be in the dominant fection, ars actively shielded from the necessary scrutiny and ambit of the original resolution and false'y portrayed as fighters of corruption. Examples of this phenomenon are too numerous to deal with here. If this accusation is denied, | will provide further details of ANC leaders who are in the dominant faction, including the likes of Mr Gwede Mantashe and Mr Zizi Kodwa, who have been implicated in serious allegations of corruption but remain seemingly immune to prosecution and/or the reach of the revised step-aside rule This fact underscores the main dangers of the narrowing of the National Conference resolutions. By amending the resolution(s) to be limited to those who have been formally charged, tho application of the step-aside rule has been mortgaged to the NPA, which is not a structure of the ANC. Any faction which manages to capture the leadership of the NPA will therefore never be subjected to the “now” resolution. As an indication that this is not a fenciful fear, reforance will be made to the following passage contained in the relevant 54! National Conference resolution (Noting) that the state investigative and prosecutorial authoritios appear to be weakened and affected by factional battles, and unable to perform their functions effectively The fact that the resolution was deliberately manipulated so as to exclude certain individuals from its reach can best be illustrated by making reference to a list of names which was made by the Integrity Commission and which, according to the original resolution, had to be removed from the National74. 75. 2a Legislature List. That list included Mr Mantashe and Mr Kodwa. However, on the revised resolutions, these two persons at present continue to sit in the NEC, in Parliament and in Cabinet meetings. | refrain from attaching the said document as it is an intemal document but if these allegations are denied, | will make it available to the court. | must state it clearly that the NEC does not have any powers to manipulate and/or fundamentally amend or alter National Conference resolutions in the manner described above, To do so is plainly unlawful and a breach of the ANC constitution and, by extension, the Constitution of the country and the relevant rights of its members, including me. This Honourable Court is accordingly enjoined to grant the relief sought in the notice of motion to declare such conduct unlawful and unconstitutional and to set it aside. In terms of the hierarchy envisaged in the ANC constitution, it is the National Conference which has the jurisdiction to review ard change decisions of the NEC and rot the other way round, és unlawfully done during the narrowing Process referred to above, in which the resolutions underwent a carefully orchestrated metamorphosis. Rule 11.3 provides that: “The National Conference shail have the right and power to review, ratify, alter or rescind any decision taken by any of the constituent structures, committees or officials of the ANC.” Itis by now trite and well-established that no conduct, rule, policy or practice of an organisation such as the ANG can survive judicial scrutiny ifit flies in the fact of the ANC constitution and/or the Constitution of the Republic of South Africa ee et78. 79 TTA 77.2. 2 Mercifully in this regard, the work of this Honourable Court is made even much easier by the ironical inclusion of the following provisions or admissions among the relevant decisions of the NEC: “As a Voluntary organisation, the ANC follows its Constitution, Rules, Conference resolutions and NEC decisions, and must_under aif circumstances operate within the Constitution and laws of the iand"; and “tn deating with matters of integrity and the fight against corruption, thet remedial action should be applied in an even-handed manner to all members at every level of the organisation. It noted that any inconsistent application of the Rules and the Constitution of the ANC undermines the unity of the Movement. The ANC should not uphold the rights of all members and protect the integrity of the Movement, without fear or favour’ (my emphasis} To crown it all, the relevent guidelines purport to be “informed by the Constitution of the Republic of South Africa and the Constitution.” and that their aim Is “to guide the NEC in exercising leadership with regards to the implementation of the National Conference resolutions and NEC decisions ..." (my emphasis). | am advised that it will be cleary demonstrated that the NEC resolutions referred to above, upon which my suspension was based, were passed in breach of the ANC constitution and fell far short of baing informed by (ie being Consistent with) the Constitution of the Republic, let alone being “applied in an even-handed manner to all mombers at every level of the organisation”. The charade that the conference resolutions were merely being “implemented’80. 81 82. 2 when in fact they were being varied and re-engineered almost beyond recognition, cannot be sustained even upon the most superficial scrutiny. A further ground for unlawfulness Is that both the guidelines and my letter of Suspension purport to be based on the epalication of Rule 25.70, which, as demonstrated above, has not been complied with, in that the majority of its jurisdictional requirements have not been met In any event, Rule 25.70 is supposed to be applied only to those who have either: failed to give a satisfactory explanation ‘o the Integrity Commission: or 81.2. failed and/or refused to step aside. Itwill be Cemonstrated hereunder and argued at the hearirg that none of those jurisdictional requirements can rightfully apoly to my cese. In short, the invocation of Rule 25.70 to me is premature and accordingly unlawful Altematively and even if the rule was applicable, which is denied, its jurisdictional requirements have not been fulfilled. in either event, my suspension ought properly to be declared unlawful, even viewed against the deliberately doctored version of the step-aside regime. The unlawfulness and Invalidity of Rule 25.70 83, 1am advised that it will be additionally submitted thet Rule 25.70 itse'f ought properly to be declared unlawful and/or unconstitutional and therefore invalid and void ab initio upon the grounds mentioned below. er & (a84. 84.4 28 Like the entire step-aside regime, it is out of sync with the provisions of both the Constitution of the Republic and the relovant provisions of the ANC Constitution, mere particularly as it violates both rules of national justice and, ‘more importantly, the presumption of innocence. With specific reference to the ANC constitution, Rule 26.70 is inconsistent with the entire letter and spirit of Rule 2 and also, intor alia, the following provisions: Appendix 3 of the Constitution of the ANC provides for Procedure for the Conduct of Disciplinary Proceedings and provides as follows: “Tho objective of disciplinary procedure is to ensure that in all disciplinary proceedings * There is a format procedure: + There is a just and fair procedure; + Amempber is presumed innocent until proven guilty; + Amember has a chance to defend herself or himself and . A member has the right to appeal. A charge must be made within @ reasonable time after the violation or misconduct was allegedly committed.” 82.2 Rule 25.6.1 of the Constitution of the ANC provides as further as follows. "Disciplinary proceedings against a member shall not be used as @ means of stiting debate or denying members their basic femnocratic rights"; 82.3 Rule 25.13 of the Constitution of the ANC provides as ‘ollows: ‘A charged member shall have the right to lead evidence, call relevant witnesses, submit documentary evidence, interrogate all25 evidence submitted by the ANC and cross-examine witnesses called by the Presenier in making or supporting his or her defence and in mitigation of a sanction’. 82.4 Annexure 3 to the Constitution of the ANC further provides for Announcement and rights of appeal. It provides as follows: “Announcement and rights of appeal The charged member must be advisod of the ruling and the sanction of the Disciplinary Committee together with reasons and of his or her right to appeal. The rufing and sanction must be publicly announced.” 82.5 Rule 25.17.2, which describes one of the prohibited forms of misconduct to be: “conviction in @ court of law and being sentenced to a term of imprisonment without the option of a fine.” 85. Any provision of the ANC constitution which inherently infringes fundamental rights stands to be declared unlawful, unconstitutional and unenforceable. Such a finding would provide a convenient shortfall for the relief sought in this zpplication. Legal argument will be advanced in support of the relevant prayer. 86. _It Is therefore inconceivable that this Honourable Court can endorse or put a stamp of approval on such patently unlawful and unconstitutional conduct. Section 2 of the Constitution forbids it outrightly. That section of our Constitution was included to cater exactly for situations such as the present. 6? 6 wv26 More recent developments of the past 6 to 9 months 87. At the NEC meeting of 26-29 March 2021, a decision was made that “aif members who have been charged with corruption or other serious crimes must step aside withiri 30 days, falling which they should be suspended in terms of Rule 25.70 of the ANC constitution’. 88. Indeed. use 3.1.10 of the guidelines states that: “Whore a membor, office-bearer or public representative refuses to step aside, notwithstanding a decision of the NEG or PEC that he or she should do so, the Organisation shall invoke Rule 25.70 of the ANC constitution’; 89. Indeed, clause 3.2.1 states that: “The temporary suspension referred to in Rule 25.70 is eifeated by the Secretary General or Provincial Secretary, acting on the authority of the NEC, the NWG, the PEC or the PWC’; 90. Clause 3.2.2 provides that: “The Secretary General or Provinclel Secreiary, acting under ihe authority of the NEC. the NWG, the PEC or the PWC. must be satisfied that the temporary suspension of such member, office-bearer or public representative would be in the best interest of the Organisation’: 91. Clause 3.2.6 provides that: “The Secretary General or Provincial Secretary may impose terms and conditions to regulate the perticipation of the suspended member, office- bearer or public representative’: (my emphasis) “ee et92. 93. 94. 95. 96. a From the above, 't is plainly clear thet the designated decision-maker is a human being called the Secretary General and not the structure of the ANC under whose authority that human being must act. Furthermore, that human being must exercise his or her subjective discretion and be salisfied that the Suspension of a particular member (not a group or category) ‘would be in the interest of the organisation’. In the present cese, none of the requirements stipulated in these guidelines were Observed or fulfilled. The suspension can therefore not withstand even the most basic legal scrutiny The expiry date of the 30-day period envisaged in the meeting, which ended on 29 March 2021, fell on Friday, 30 April 2021 Ahead of that date, | had embarked on a much publicised extensive consultative process with former leaders of the ANC, notably Dr Mathews Phose, who was the former Treasurer-General of the ANC between 2007 and 2012, former President Thabo Mbeki, who was the ANC President between 1997 and 2007, former President Jacob Zuma, who was the ANC Prosident between 2007 and 2017. as well as former Acting President Kgalema Motlanthe, whe was the ANC Secretary General between 1997 and 2007 and ANC Deputy President between 2007 and 2017. In these interactions, certain discussions were held, which were aimed at informing my decision. Due to the busy diaries of all Involved, the last two interactions which were separately held with Comrades Mbeki and Motlanthe only took place on Friday 30 April 2021. Although the content of these é & és €96.1 96.2. 96.3, 96.4. 2B discussions remains confidential, | would like, for reasons which will become clear below, to refer to the interaction | had with Dr Phosa. | do so because it was the first interaction and its content largely informed my approach in the subsequent meetings: Dr Phosa is a legal expert who played a significant role in the drafting of both the ANC constitution and the Constitution of the Republic of South Attica. He was admitted as an attorney in the 1970s, before fleeing the country to go into political exile He continues to practise as an attorney until today and he is a well-respected veteran of the ANC; it was not the first time for him to interact seriously with the issue of the so-called step-eside regime and its lawfulness and consitutitonality, He first cid so in a formal opinion which he had prepared for and at the request of the ANG and which was duly submitted, together with four other opinions, during the 28-30 August 2020 meeting of the NEC. All except one of the said legal opinions came to the conclusion that the step-aside regime was unlawtul and unconstitutional in its current form: in my letter to the ANC seeking a review of the suspension decision, dated 6 May 2021, | specifically referred to the opinion of Dr Phosa and how it was unjustifiably overlooked. A copy of the full opinion is eccordingly annexed hereto marked “SGS". Despite this being specifically brought to the attention of the NEC, my unlawful suspension was “confirmed” according to the first respondent,96.5. 98.6. 96.7. 98. 23 in order not to overburden the record, | do not attach all the five separate opinions but will beg leave to provide them to the cour if the respondents deny any of the above summary of events; it is worth repeating what the known conclusion reached in Dr Phosa's opinion wes, namely. “The question (of the siep-aside regime) obviously revolves around a scenario that the drafters of the ANC’s Constitution did not specifically envisage at the lime of the amendment of the ANC Constitution in 2017. The conclusion of all the above is that the suspension of eny member would be unlawfut if the suspension is not an intrinsic part of a disciplinary process under the ANC Consiitution in clause 26 and the Annexes, and in full compliance therewith, None of the resolutions, statements and public postures have the legal effect of creating a sui generis stand- alone process for suspending a member under the circumstances currently being experienced.” in my subsequent Interactions with him, he stood firmly by his views, as previously articulated Following these interactions with former leaders, it was my honest belief that | should be granted an opportunity to report back to the relevant ANC structures to which | belong leading up to the Special NEC meeting, which was convened by me for 8-10 May 2021. These structures or entitles are the Officials, the NWC and the NEC. My view of the applicable procedure, namely that the matter would be culy processed by the special NEC meeting, was notably and publioly confirmed eo ec99. 100. 101, 102. 103. 30 by the ANC Spokesperson, Pule Mabe, as well as the National Chairperson ofthe ANC, Gwede Mantashe, who also held tho position of ANC Secretary General between 2007 and 2017. | em stil in the process of securing the necessary audio and/or visual evidence of their relevant utterances, If denied, ! will ensure that such evidence is included in the replying affidavit andior handed up in court. Indeed and in Iine with the above legitimate expectations and on 2 May 2021 Valtended a meeting of the ANC Officials, which wes specially convened to Prepare for the then forthcoming Special NEC meeting. At that meeting, | reported back on my consultations and my preliminary views, which | intended to finalise anc/or concretise by the time of the NEC meeting Similarly and on 3 May 2021, | attended 2 meeting of the NWC, at which a report from the Officials’ meeting was tabled by the Treasurer-General, who had been was designated by the Officials to handle the step-aside issue. The NWC discussed the issue and, inter alia, came to the conclusion that the decision of the NEC must be implemented and that those who had failed to step aside should be suspended in terms of Rule 25.70 of the ANC constitution. More specifically, thera was no instruction given to the Deputy Secretary General to write a letter of suspension to me or any other person. Itwas the clear understanding of all concerned that | would write such letters of suspension as may need to be written and that my own personal issue would be handled at the NEG meeting, which was then oniy four days away104, 105, 106. 31 and at which | intendad to present the lest leg of my report back on the consultations | had held and to enneunce my final decision, which I had not yet taken, On that day, | indeed wrote the first letter of suspension to the President of the ANC, who was covered by the step-asice regime, as originally envisaged by the National Conference, in that he was alleged to be involved in “the use of money to influence Conference outcomes'(see resolution 9.1. A copy of the said letter is annexed hereto marked "SG6’, Itis now evident that the Officials and notably the DSG became aware of this letter at some stage between 3 and § May 2021 and before its intended Physical delivery, which was delayed due to my desire to deliver it physically Out of respect for the office he holds. He is however not exempted from the Obligations and duties of ell other members of the ANC. 't was clearly in reaction thereto that a letter for my own suspension was hurriedly written within that period but subsequent to my aforesaid lotter, and Probably backdated to 3 May 2021. Itis common cause that the lettor was only Served on me on § May 2021, ie only two days before the impending NEC meeting. A copy of the suspension letter is annexed hereto marked “SG7". Importantly, it contains several attachments which deal with important issues Previously referred to in this affidavit, which are identified therein as: 106.1. “Attchment A’, being the Guidelines and Procedures adopted by the NEC on 13-14 February 2021, including two annexures which are the relevant National Conference resolutions containing the original version ofthe step-aside regime; and E eo G22 106.2. “Attachment B”, being the most recent report and entitled “Proposed 107. 108. 109. 110. 111. Terms and Conditions for the Participation of members, elected office- bearers and public representatives who have stepped aside voluntarily The relevant parts of these documents, which are pivoial to this application, have been referred to elsewhere in these application papers. Still on 5 May 2021, | delivered the letter of suspension in respect of the ANC President, which was indeed written on 3 May 2021 but which I had not hac the opoortunity to deliver eariier for the reasons stated above. | must point out that although | felt duty bound to carry out the instructions of the NWC, | based my own belief that the entire step-aside regime was irregular and would not withstand legal scrutiny if challenged. | did so reluctantly and only out of a sense of duty. On 6 May 2021, | delivered my response letter to the DSG, in which | pointed out a minimum of 12 legal defects which | had identified in my suspension letter and also thereby exercised the right to seek a review / appeal of the suspension decision for consideration by the NEC at its scheduled Special meeting. The defects identified included the demerits of the steo-aside regime itself. A copy of the said letter is annexed hereto marked "SG8". In terms of Rule 25.43 of the ANC constitution, once | had submitted my letter, which also amounted to an appeal or review application to the NEC, | wes fully entitled to exercise my organisational rights pending the outcome thereof. | was advised that, according to the modern rules of interpretation, tho autorratic suspension of a decision of a disciplinary body must apoly, a fortiori, 61 2 113. 33 to @ person whose temporary suspension is not oven limited to misconduct. If necessary, further legal argument will be advanced at the hearing. The relevant rule reads as follows: “fa member has appealed against or applied to reviaw a decision of a POG or the NDC, the sanction imposed by such Disciplinary Committee shall only come into operation after the finalisation of the appeal or review, as the case may be.” Notably and in line with the above correct interpretation of that Rule, at 0857 on Friday, 7 May 2021, the DSG telephoned me and requested me to sign two letters authorising the holding of the regional conferences scheduled for 8 and © May at the Pixley ka Isaka Seme and Francis Bard regions in the Northern Cape. | duly obliged and authorised the two meetings, thus rendering them constitutionally compliant. The meetings were indeed culy held only on the strength of my authorisation thereof. exercising my powers as Secretary General. Coples of the two letters are annexed hereto marked *SG9" and “SG10", HfRule 25.43 did not apply to my situation, the abovementioned conduct of the respondents would amount to an absurdity. Eviction from the NEC meeting 114, In the morning of Saturday, 8 May 2021, | was duly invited to, and did attend in my capacity as Secretary General, a mooting held between the ANC Officials and the NWC of the ANC Women's League. Such conduct on the part of the respondents can also only be explained on the basis of Rule 25.43. It is on Om24 diametrically inconsistent with the ex post facto contrary spin sought to be asserted by them 118. Stillin the moming of 8 May 2021, | was invited to and did attend the meeting of the NEC, al which | intended to anrounce my final decision and the report in respect of the work | nad carried out to coordinate the necassary information for the envisaged Implementation of the NEC dacision across the board. 116. To my utter surprise and despite all of the aforegoing acis of acquiescence, at the instigation of Mentashe, the meeting resolved to evict me from Participation, solely on the ground that | was suspended and despite the confirmation of the DSG that | hed indeed submitted a letter of aopeal on 6 May 2021, which she unsuccessfully offered to put up on the screen. My eviction was clearly unlawful and unexpected and in flagrant breach of my rights as conferred by the ANC constitution. Its intention was merely my public humiliation, wnich was greatly achieved thereby. Every media outlet predictably led with the news of my being “booted cut’ of the meeting and the alleged “victory” for Ramaphosa, as proclaimed in the media 117. Nevertheless, I had still expected that once my letter was tabled, senity would prevail and that | would either be recalled to participate in the meeting, table my report(s) and/or that the NEC would uphold one or more of the 12 defects identified in my letter of appeal and/or review. None of this materialised The suspension of the ANC President 118. Strangely, the suspension of the President was not given any effect to, even before any discussion thereoftook place and despite the fact that he had taken er35 No steps to challenge it. This is clear evidence of selective justice, according to who belongs to the dominant faction, 119. The suspension leiter of the President ought to be declared valid unless Properly and procedurally set aside because the conduct of the first respondent falls squarely within the ambit of the real and original conference resolution, more particularly in that 119.1, he failed to give a satisfactory explanation to the Integrity Commission. The relevant Integrity Commission report, which will bear this out, is available to me but will only be included in the replying affidavit in the event of a denial. The decision was never appealed 119.2. he has publicly and under oath admitted to his CR-17 campaign having used @ minimum of R300 million in order to secure his election into the ANG Presidency at the 2017 NASREC conference. In his case, therefore, one Is not even only dealing with allegations but with an admission; 1193, the conference resolution specifically includes “those who use money to influence Conference outcomes"; 119.4. he has failed to step aside; and 119.5. the suspension letter was officially signed and sent by the Secretary General of the ANC. et36 President's closing remarks and apology” instruction 120. Instead, at about 16h00 on Monday, 10 May 2021, the ANC President read outa statement on behalf of the NEC indicating, inter alia, that the NEC had 120.1. confirmed my purported suspension; 120.2. appointed the DSG to perform the tasks of the SG; and 120.3. practically ordered me to withdraw his letter of suspension and apologise 121 122. 123. for writing it, All of these actions were plainly unlawful on the common-cause facts and ought to be so declared and set aside by this Honourable Court, either directly or ingirsetly. Further supporting legal arguments will be advanced at the hearing. ' specifically dispute the lawfulness of the instruction that I should apologise Tor what was a bona fide exercise of my responsibilities as instructed by the NWC, imrespective of my own known private views at the time ebout the Tegularity of the step-aside regime. Nor do I carry any obligation to carry out what is an unlawful instruction according to my conscience. | can only genuinely tender such an apology if this Honourable Court declares that despite what | have explained, it is warranted in the circumstances, which | dispute, Any apology issued by me before legal clarity is given by this Honcurable Court would not be genuine or meaningful. All that notwithstanding, the statement of the NEC, as read out by the ANC President, a copy of which is annexed hereto marked “SG11", signalled the fast straw and the final indication that the roads towards resolving the 6? Et124, 125. 126. 127. 7 dispute(s) raised heroin internally and within the ANC were finally closed, My ‘suspension had been finally confirmed by the NEC, albeit unlawlully so. In this respect, | am specifically acvised that it will be argued that my entitlement to write the said suspension letter Is based directly on the powers of the Secretary General, as speit out specificelly in Rules 16.8.1 to 16.6.4 of the ANC constitution, The said letter was written on 3 May 2021, at a time when it is common cause that | was still entrusted with the tasks referred to in the ANC constitution, as confirmed by the events of 7 and 8 May 2021, set out above. 'n actual fact and as already pointed out, itis the DSG who had no power and mandate to write the suspension letter which was addressed to me. It is therefore unlawful to tum the tables and instruct me to apologise while in the same breath endorsing the unlawful and unauthorised conduct of the DSG This signals yet another example of the selective and unjust invocation of the ANG constitution, Even if it were to be ultimately found by this Honourable Court that the suspension letter to the President was indeed somehow unlawful or unauthorised, thet cannot conceivably justify the unlawful manner in which the whole issue was clearly handled by the respondents. In particular: 127.1, The matter should have been properly tabled, debated and resolved in the manner in which Comrade Dakota Legoete had proposed. This should necessarily have been done upfront and before any participation of the Presicent in the meeting. Only once a decision was regularly made38. could he oariicipate therein. This would have been consistent with the manner in which my particioation in the meeting was treated: 127.2. The President should have recused himself from deciding on the validity of his own suspension, apart from exercising his right to be heard. This did not happen, 127.3, The President should have also recused himself from being the person to make a public announcement about the alleged unlawiulness of his own suspension; and 127.4. My side of the story should have been heard. 128. What actually took place in relation to this issue would rival the conduct of the worst dictatorships ever witnessed on this planet. Itcan never be condoned in @ democracy of any description.” Approaching this Honourable Court 129. Aggtieved by all the above. including the public announcement of the epology instruction by the President without even the courtesy of a telephone call to me, | helé a meeting with the DSG at 15h10 on 12 May 2024, at which | informec her, as a matter of couriesy, that the events ofthe previous few days, and particularly the reported outcomes of the NEC mesting, had left me with No other option out to seek recourse from our courts. | also requested a formal otification of the “apology” instruction so that | could know when the 48-hour notice was intended to commence. As matters stood, | was seemingly expected to deal with the matter by reference to media statements made by29 the ANG leadership. The DSG duly fumished me with the relevant letter, a sopy of which is annexed hereto marked ‘SG12", 130. Stillon 12 May 2021, a few hours thereafter and in response to the events up ‘o that point, | wrote a letter to the DSG, in her new capacity as Acting Secretery General, infer atta, acvising the respondents of my decision to seek relief from the courts as a last resort and expressing my view regarding tho irregularities surrounding the handling of the “apology” instruction. A copy of the sald letter Is annexed hereto marked “SG13", 131. | then accordingly instructed my present ettomeys to brief counsel and to Prepare and institute the present application as a matter of urgency. THE APPLICABLE LEGAL FRAMEWORK 182, The legal or regulatory framework that will need to be applied to the factual details outlined above is constituted of the following constitutional and common-law provisions and the relevant case law authorities as read with applicable clauses of the ANC constitution referred to above. The emphasis in the quotations is added by me Constitutional provisions 133. Section 2 of the Constitution provides that: “This Constitution is the supreme fave of the Republic; aw ar conduct and the obligations imposed by it must be 134. Section 94} of the Constitution provides that: 6° ‘ Ee40 “Everyone is equal before the lew and has the right to equal protection of the aw’. 135. — Section 10 of the Constitution provides that: “Everyone has inherent dignity and the right to have their dignity respected and protected”. (+ right to work) 136. Section 19(1) of the Constitution provides thet: “Every citizen is Free to make political choices, which includes the right: (@) to forma political party; (0) fo varticinate in the activities of, recruit members for, a poiltical party; and (@) to campaign for a political party or cause.” 137, Section 35(3}(h) of the Constitution provides that: “Every accused person has a right to a fair tral, which includes the right fo be oresumed innocent, to remain sitent and not to testify during the proceedings’ Common-law (contractual) provisions 138. _Itis by now accepted that the relationship between a member of the ANC and the organisation is contractual, as confirmed by our courts. The analysis below is intended to demonstrate that the relevant principles relied upon in this application are in eciual fact to be sourced not only from the Constitution of the Republic but also from the ANC constitution self.a 138. The intersection between the common law and the Corstitution in a case such 2s the present is best ilustrated in the section dealing with the unlawfuiness of Rule 25.70 Case authority 149. | am advised that reliance will also be placed upon a plethora of case law authority to support the invocation of the abovementioned principles, notably the leading case of Ramakaisa v Magashule 2013 (2) BCLR 202 (Cc) (“Ramakatsa 1"), which has more. recently been applied in Ramekatsa v Attican National Congress (not yet reported) [2021] ZASCA 31 (31 March 2021) (‘Ramakatsa 2’). F: APPLICATION OF THE LAW TO THE FACTS (Elaboration on 6 May 2021 letter of demand) 141, It fs against the factual background detailed above, read with the legal submissions referred to therein, as well as the regulatory framework set out above, that this Honourable Court will be respectfully requested to examine the hard grounds of unlawfulness, some of which are also cryptically listed and summarised in my letter of demand dated 6 May 2021 and more fully discussed hereinbelow. As explained, the contents of the said letter of review and/or eppeal were rejected or ignored, if regard is had to the President's Public announcement made on 10 May 2021, which triggered the necessity of the present application, 142. In argument, the best place to start will be to demonstrate that the rules Purportedly relied upon are either unapplicable or incorrectly applied and then wy ian)145, aa to go on and illustrate how beth the ANC constitution and the Constitution of the Republic have been cast aside. 't will be noted that from the letter of suspension, primary reliance is placod on Rule 25.70 and “Rule 13.8’. There is no Rule 13.8 in the current ANC Constitution. This glaring mistake seems to emanate from a reference to Rule 131 made in the earlier suspension letter addressed to President Ramaphosa, which was subsequently cut and pasted by the DSG. There can be no better Proof than this, that: 143.1, _ the Ramaphosa suspension letter was written first; 143.2. my suspension letter was a direct reaction and a poor attempt at a “pro- emptive strike’, which was executed in a rushed panic mode +o neutralise the earlier suspension, hence it contains so many glaring mistakes; and 143.3, my suspension letter was in all probability deliberately backdated to 144, 145.1. when a member, office-hearer has been charged sustain the false narrative subsequently pedcled in the media that my letter was “retaliatory’, a logical impossibility on the true facts. Be that as it may. it will be demonstrated that even Rule 26.70, which does exist, was applied in an unlawful manner, which cannot sustainably justify the unlawful suspension. Even a cursory reading of Rule 25.70 will indicate that it can be broken into at least four distinct elements, which can be articulated as follows: any offence;43 145.2. the designated decision-maker therein is the Secretary General, 145.5, who must exercise a discretion and thereafter (subjectively) be satistied: and 145.4. a suspension is necoscary and in the best interest of (the ANC) 146. 147, 148. 149. In the present case, only the first element or requirement has been met. Tho respondents bear the onus to prove that all four requirements have been met, On the present facts, this is an impossible task or burden to overcome. On this ground alone, the suspension ought properly to be declared unlawful and set aside, To compound the matter even further for the respondents, the DSG clearly lacked the jurisdiction or power to sign the letler and/or to exercise the requisite discretion unless sho had been specifically and duly appointed as Acting Secretary General by the NEC. This had not yet happened. To that extent, the suspension was premature and unlawful Thirdly, no opportunity had been given to ma, or any of the porsons to whom similar letters had been given, to state why a suspension should not be imposed. This was in breach of the common-law right to avai alteram parte and the presumption of innocence, which principles aro specifically enshrined in the ANG constitution The last straw that broke the camel's back was the most egregious violation of all tho applicable nights as exemplified In the announcement of the outcomes of the NEC meeting, from which | had been unduly evicted. eS £150. 151, 44 "twas only fair that | should have been heard by the structure which finally endorsed my suspension end rejocted my review epplication, namely the NEC. That | was denied an audience makes a mockery of the purported ‘aismisser’ of my review application end further compounds the non- adherence to the rules of natural justice. If anybody is owed an apology, it must certainly be me and all those who have been unfairly targeted by means of the revised rule. REMEDIES Regarding remedies, tis application is based on various statutory and Constitutional provisions outlined below. Statutory provisions 182. Section 21(1)(¢) of the Superior Courts Act provides that: "A Division has jurisdiction over at persons residing or being in, and in relation to all causes arising and al offences triable within its area of Jurisdiction, and ell other matters of which it may according to law take cognisance, and has the power in its discretion, and at the interest of any interested person, to enquire into and determine any existing, future or contingent right or obligation, notwithstanding that such person cannot claim any relief consequential upon the determination.” Constitutional provisions 153. Section 38(a) of the Constitution provides that: “Anyone acting (in their own right) has the right to approach a competont4s threatened and the court may grant appropriate relief, including a declaration of rights” 154. Section 172(1 (2) of the Constitution provides that “When deciding a constitutional matter within its power, a court must deciare thet any faw or conduct that is inconsistent with the Constitution is invalic! to the extent of its inconsistency.” 155. The interrelationship between those two applicable provisions was laid out in the leacing case of Economic Freedom Fighters v Speaker of the National Assembly 2016 (3) SA 680 (CC) by Chief Justice Mogoeng for the unanimous court wen he authoritatively confimed that “declaring law or conduct inconsistent with the Constitution and invalid is plainly an obligatory power vested in this court, as borne out by the word ‘must’, Unlike the discretionary power to make a declaratory order in terms of section 38 of the Constitution, this court has no choice but to make a declaratory order where section 172(t}a) applies’ (my emphasis). 156. Finally, | now deal, in anticipation, with any possible points in limine which are typically raised as refuge in such matters when otherwise delinquent perties seek to avoid dealing with the merits of the caso by predictably resorting to technicalities, an approach which was incidentally roundly and correctly rejected in Ramakatsa 1 (supra) e? EX46 Exhaustion of internal remedies 187. 158. 159, 160. 161. ‘The first such technical objection is typically urgency and the next is the alleged non-exhaustion of intemal remedies. In this case, they both do not apply. | start with the issue of internal remedies. [tis common cause that in writing my letter dated 6 May 2021, | was exercising my right to aopeal to or seek a review by the NEC. As asserted above, this has since been rejected Ihave therefore now exhausted all intemal remedies. The decision of the NEC. announced on 11 May 2021 means that in spite thereof, the NEC, which Is the highest decision-making body between conferences, has made a final decision to confirm my suspension. There is no higher authority to which can now appeal beyond the NEC, Even in the unlikely event of the respondents disputing the abovementioned irrefutable statement, | am advised that it will be argued in the altemative that in any event, this is one of those cases in which, on tho facts, the decision is a fait accompli and any otner steps taken by me internally would not yield any results. The revolving door would inevitably lead back to the NEC, which is now functus officio. In the circumstances of this case, the dilatory defence of alleged non- exhaustion of internal remedies is not available to the respondents. | now tum. to the prior issue of urgency. ee ee192, 168. a7 URGENCY 'n the unlikely event that the parties fail to reach consensus on the proposed conduct of this matter, including the issues of special allocation and/or the need for a Full Court, we now deal with the issue of urgency. !am advised that it will be argued that this matter deserves ‘o be heard on the basis of urgency, more particularly due to the considerations dealt with hereinbelow, namely that: 163.1. The matter may not properly be heard in the ordinary course: and 163.2. The urgency is not self-created. 164. 165. 186. ‘To the naked eye, the disputes which arise in this metter would seem to be wilhin certain individuals, including those cited in the heading of thess papers of even to be among the members and/or leader of factions of a certain voluntary organisation, which is commonplace in ary society or community However, upon reflection and bearing in mind the position of the ANC as the custodian of the state and ruling party for 27 years since the advent of democracy in South Africa, it wil be clearer that the attendant crisis in the ANC. spells @ crisis for all South Africans, whether or not they support or vote for the ANC. The President of the ANC is also the President of the country, This intersection between issues, which at face value look like internal party matters, and the public interest stem directly from tho political model of South African democracy, at the centre of which are political perties. Our courts have observed this phenomenon on several occasions. ee4g 167. This is made even more acute by the fact that the President of South Africa recently announced thai the next local government elections will take place on 27 October 2021, only five months away. 168. It Is therefore traditionally @ season of heightened tensions as various Structures of the ruling party, and indeed other parties, will be engaged in the Process of selection of candidates tor membership of councils and mayorships across the country. To do this under a cloud of uncertainty and instability at the top will be predictably catastrophic. In this resoect. literally every day which passes edges the nation closer to a crisis. 169. The tising levels of tension can be gleaned merely from the indisputable Proncuncements which have been made by various structures of the ANC across the country, either in support or condemnation of my suspension. 170. The speedy resolution of this dispute will therefore not only benefit the parties and their organisation out a'so the stability of the country, the economy and Investor con‘idence, This is so because the matter involves the governing party and the President of the Republic. 174. Inanyevent and at the personal lovel, itis the Secretary General whois tasked with overseeing the processes which will take place within the ANC, ranging from proparetions for the local government elections to the next National Conference. Ongoing violation of constitutional rights, including human dignity 172, The matter is also urgent on the grounds that the harm in question is ongoing and worsening with each passing day. Quelling the rising tensions will also 6? EE173, 174, 175. 176. 49 eliminate or reduce the temptation on anyone to resort to self-help or even violence of any kind. The events mapped out above seli-evicently adversely affect me, both in my personal capacity and in my official cepacily as the democraticaly elected Secretary General of the ANC. More specifically, such ongoing harm implicates the violation of the human Tights enshrined in the Bill of Rights, more specifically the right to human dignity. Not cnly is my dignity impaired by the daily humiiation | suffer and the impairment of my reputational rights but also by the unwarranted denial of my right to work anc my self-worth as 2 human being, Our higher courts, the Supreme Court of Apgeel and the Constitutional Court have repeatedly emphasised that the right to work needs to be treated separetely from the right to eam a salary. It Is therefore cold comfort that | am Suspenced with pay. | em advised that the relevant authorities in this regard will be cited during legal argument, In the same vein, the High Court in this division has long esteblished the Principle that the violation of a person's dignity in such a manner that he or she could not be expected to endure the anxiety and embarrassment of a continued or continuing violation, created a degree of urgency which justifies the hearing of an application not in the ordinary course. This principle was correctly asserted by Van der Westhuizen J, as he then was, in Prinsioo v RCP Modia Limited tfa Rapport 2003 (4) SA 456 (T) at 462B-F, E? EE477 178. 179. 180. 4181. 182. 50 In terms of our law, in assessing the urgency of the matter, this Honourable Court is legally enjoined to assume that the factual allegations spelt out in this affidavit are true. That being so, the picture which emerges, including the egregious violation of several human rights enshrined in the Bil of Rights, is in itself a major ground for urgency. lam advised that legal argument, including the citation of additional and relevant case law, will also be advanced at the hearing of this appication in this regard. If this principle is adhered to and in view of all the aforegoing, it can never be sustainably argued that this application should be heard in the ordinary course Neither can it be sustainably argued that the urgency is self-created The urgency was actually crested by the conduct of the respondents, more particularly in that it was triggered by the premature and unexpected suspension letter issued by the first respondent on 5 May 2021 and significantly retiggered by the relevant announcements made by the first respondent on 10 May 2021. At all material times hereto, | did not rest on my laurels but tock immediate steps to address the situation with due urgency. Following the suspension letter and on 6 May 2021, | prompily despatched a letter to the DSG seeking, inter afa, to point out the legal flaws in the process and seeking the urgent review or appeal of the impugned decision. On or about 7 May 2021, | was led to believe that the provisions of Rule 25.43 applied to my situation and that | could resume with my normal duties pending the review / appeal a”183. 184, 186. 187. 188. 51 On @ May 2021, ironically on the 25% anniversary of the adoption of the Constitution, | was instead unexpectedly, unlawfully and unceremoniously evicted andior removed from participation in a crucial meeting of the NEC, in Spite of having repeatedly brought to the attention of the meeting that | had already lodged an appeal / review, a fact which was also ccntrmed by the DSG, but all in vain At that point, | had no choice but to await the end and outcome of the NEC meeting in the hope that my letter, once tabled, would still result in the reversal of the unlawful suspension. ‘The NEC meating wenton until Monday, 10 May 2021, as originally scheduled by me. As already discussed and at about 16h00 on 10 May 2021, the first respondent issued a public statement announcing the outcomes of the NEC meoting, including the decisicn to confirm my suspension. This marked the end of the road as far as internal remedies were concemed and triggered or re-triggcred the basis for this application In the morning of 11 May 2021, | instructed my attorneys to brief counsel with a view towards instituting the present application, which had to be speediy finalised within a period of approximately 48 hours and mace ready for service on 13 May 2021. This was duly achieved. | was advised to give the respondents a period of a full week within which to file thelr answering affidevt and myself only a few days for the replying affidavits, so that. if so directed, heads of argument could be submitted in the189. 190 191 192. 52 ‘week preceding the intended hearing and so as to give the Judge(s) relatively enough time to receive the full application papers. | also specifically gave a short period ‘or tho delivery of the notice to oppose, so as to facilitate an early commencement of the necessary engagements between the legal teams once the attorney of the respondents had been identified It was with ail the adove in mind that the dete of the hearing was nominated to be three weeks away, on 1 June 2021. In the premises, the urgency is most definitely not self-created, In all the circumstances and in any event it is clearly in the interests of Justice for this particular metter to be heard on an urgent basis. cosTs Given, inter alia, the historical conduct of the respondents, the uterior motives pleaded above and the continuous warnings made by me regarding the egregious violations of the Constitution, | am advised that it will be argued that this is an appropriate matter in which the respondents ought properly to be mulcted with a punitive order of costs. On whatever scale deemed fit by this Honourable Court and given the nature anc weight of the issues raised herein, Iet alone the implications and possible wider ramifications thereof, the matter warrants the employment of senior and junior counsel. The matter also deserves to be heard by way of spacial allocation and preferably by the Full Court, where feasible.53 WHEREFORE | pray that it may please the above Honourable Court to grantthe relief Scught the notice of motion fo which this a'fidavit is attached in favour of the applicant with punitive costs of opposition, such costs to include the costs attendant upon the emplayment of two or three counsel, as the case may be. Bh SIGNED AND SWORN TO before me at JOHANNESBURG on this 13" day of May DEPONENT 2021, the deponent having acknowledged that he knows and understands the contents of this affidavit, that he has no objection to taking the prescribed oath and that he considers same to be binding on his conscience. Aa COMMISSIONER OF OATHS EHIREMEN OMOLOLU ENABOR CONIMISSIONER CF OATHS ATTORNEY (RSA) LEY ATTORNE PO Box 1049 Gallo Mane: Davex 20, Neon Nandela Squat Telephene, 011 732-8020 Fax: O11 783-2842 Website: wuwhalantcoza c“sat ‘Transcriotion of leaked proceedings of the ANC NEC Meeting Held on 8 to 10 May 2021 Thabo Mbeki — Former President of the Republic of South Africa “Some other comments nave made similarly very very serious remarks about the state of organisation. The comrade ..Thupoe, | think that's how you pronounse the name, much earker had colled for a retreot and he said that retreat must discuss this question, do we stil have any organisation called the ANC? That's avery very serious chellenge you get comrades. Comrades says, we need to meet, he said 2 oF 3day retreot seriously to look at this matter, is followed by comrade Rathabile and also comrade ‘Mookno spoke in support of comrade Bathobile. Both of them representing the women's league. And the central point that comrade Bathabite Dlamini makes is this, that the movement fs about to collopse, 1am saying comrade chair, you have this question, do we sull have any organisation called the ANC? Second comrade says on behalf of the woman’s league, the movement is abcut to collapse cemrede Tony raises very worrying things like he says manner in which the NEC is proceeding*$G2" ‘Transcription of leaked proceedings of the ANC NEC Meeting Held on 8 to 10 May 2024 ‘Mr Dakota Legoate {0 fight corruption as long as we are selective, | don’t want to get other points related to that Particular but | think as NEC, if we are to have integrity, reputation, in dealing with corruption, | think those ones must also be ..eceuse there are many of us in this meeting, who are facing serious allegations of corruption, and | think for as long as we preside and become judges on our own cases, its not going to help this movement on dealing with corruption, because we might single out the SG, when there are mary of us here, who are even worse than him in terms of corruption, and until we are also unmask, the ANC will not deal effectively enough against corruption, | don’t want to defend the SG, | am not his lawyer representative, but | think it will only be fair that all corrupt elements in Our movement, we must deal with them, without any prejudice, favour or any reservation. | think the sooner We get to that stage the goad for us asthe ANC because Idon't think we are deeling with issues seriously. The other point | want to deal with is our regression in terms of our revolutionary agenda, we are losing cases In courts relating to BBBEEE to raising equity funds, we are losing big cases even against the Seriti Commission reports where the issue of the Arms deal has been resurfaced and reopened, and | think this thing are going to defocus us as the leadership. The sooner we attand an them because | think there isan attempt from the Afri Forum to deal with affirmative action and cadre demplyment policy and if we are not going te defend this movement, we are going to lose some of the key elements but its golng to open us up against cadres of the movement, our people including former leaders because if we go to the arms deal, it means that whoever lead during that period must go to court and low we are going to find many of our comradas and leaders in court aver some of aur failures to deal with simole things and be focused we are in this NEC for the pst four years we have ust been fighting amongst ourselves in terms of implementation of conference resolution, we have not dealt seriously with issues of infrastructure, we have not dealt seriously with issues of investments we hava just been speaking about trains, smart cities, jobs, everything but we have not seriously committed because... “I saw a suspension letter against the president | am not sure if he is suspended or still our president, but it's amatter that we still have to discuss, whether that thing happeningso that we are cleer on some of ths Issues for some of Us on this issue because they create 2 problem externally for some of us, I am not sure if parliament, what is the relationship of other parties and our presiden: based on other communications that were issued. So I think this matters must be made clear even when we leave this meeting. We must rise to say, what is happening, The other point I think Comrede Chair, | think we have reached a point where as this NEC will become a liability te the nation, will alsobecomea liability to ourstructures. Our fallure to rise above our factions and narrow factional agendas, it does not help the movement and | want to propose a motion with our provinces, regions and brenches that we must either consider Rule 29 of the Constitution of raving a special conference, because we have reached @ point where we ere not dealing with proper service delivery, despite the pandemic, we have nat dealt with issues of jobs, investments, Infrastructure rollout, we are stuck asa nation, we are cn auto pilot, and | think if some of us are not prepared to repent and help the movement move forward, we must call for a special conference, apply Rule 2S, provinces regions and branches, we must start to discuss this thing, otherwise we can’t continue like this, it's our fourth year now but there is no considerable effort in terms of ensuring that valid or not valid is fake or what is“SG2” South Africans benefit from our leadership, I mean for example, we trade everyday with RL trillion rand every day at the stock exchange, only the previously disadvantaged own 5%, whct is our role and responsibility as this leadership? Except to deal with one another and selectively so?, Imean you have Derick Hannekom who discussed with EFF internal ANC matiers, he has not heen taken to DC, there ‘are number of us who are fecing serious allegations on serious things, they have not been taken on, | mean only the weak Ike Vincent Sirith wil be charged by NPA, some of us who are strong men ard women in this mavernent, we are untouchable and that is not good for Justice and our Country, and finally comrade president, | will request that you be the president of our movement, don’t be the president of a faction, please help the ANC, thank you",“S63 ‘Transctiptian of leaked proceedings of the ANC NEC Meeting Held on 8 to 10 May 2021 Stanley Mathabatha — Former Premier the Republic of South Africa “ehh that ehh..the president that we ore having teday is one ofthe best presidents thot ever founded the African National Conference and we must support him comrades, but now, the problem thot | see {athe comrades who run arcund purporting tobe the defenders of cur president when they ore ranning around dividing the African National Conference, pursuing their personal and foctional agendas in cur provinces. Comtrade president, they are organising meetings now even in our provinces, if, comsade president, comrade choirperson, of the meeting, ifthe president or the chanperson with the top fire $0 permit, | can organise a meeting with the To five and mention those comrades by name and the ‘meotings that they convened In my province where some of us were vilified in those meetings allocated oF ofotied us into factions that we don'teven knaw, as if they sow us with the head above attending ‘meetings of those factions, its depressing comrade Chairperson, sot think that must stop. This is our president all of us ond we wil defend kim and support him, there Iso question about that. Comrades "think the president asked a very importare question, in fact he raised very important matter ofthe unity of the African Notlonal Conference, comrades the unity ofthe African National Congress cannot De traded for anything, its sacrosanct, so, perhaps what we reed to do os the African Nationat Conference ito csk ourselves a very fundemental question, the question that says, “do we still have an orgenisetion called the African National Congress?” or do you nave two or three groupings who are factions wo all claim to be representing the organisation called the Africen Notional Congress? Arid for us to respond to this very fundemental question comrade chair, | suggest that we need to ge into a retreat as the NEC the Notional Executive Committee, perhaps the extended NEC of the Affican Nationa! Conference, go to.a retreat of 2 or 3 days where we are going to analyse this question, this very fundamenta) question ~ “do we sti have an organisation called the Ajrican Notional Congress or owe have tnree in one factions that ail cloim to be representing the Organisation called the African National Congress? That's one firm suggestion that | am raising comrade chal, two, the issue of the spirit of comraceship within the organisation, think we need to do everything comrades to engender that, heard 6 number of comrades, a fot of comrades raise this issue of self-hatred and hatred towards each other as comrades of the African National Congress, then you start to ask yourself, why do we continue to coll ourselves comrade comrades? a Ee? a““SG3" Because some of you or some of us here, hate each other more than they hate the eneny or the even the cpposition and that is a fact and is no longer just something you can soy 1s a fabricated statement, it's 0 fact, you can see it, you can hear it, | wos seated here listening to the deliberations earlier on within thins NEC, { then asked myself, but do we still have comradeship in this organisation, or do we stil have comrades in the NEC representing the Branches of the African National Congress? Comrade chair person, the issue of BGM's that the president was raising is very critical, you know comrade in ‘my province, in ene region, in my region in foct, you had about 71 branches going into their Branch General Meetings (BGM's) because that region is supposed to go to conference, out of that 71 eh branches, over 50, were said to have not qualified but you ask yourself, this is how useless the report ectuclly says there was no person who attended the meeting when there wos somebody who was camying @ scanner, are we also saying even the BEC or even the branch Secretary or even that person who was carrying the scanner did not attend the meeting? So comrade DSG, | am going to suggest here, a very firm suggestion again, thot you must go and audit that system once and for all because 1 ‘om almost sure that, that system is being manipulated. The system or the network or whetever you using there is being manjpulated comrade DSG please we would want you to go and do a thorough investigation of that system, Letme leave it here comrode chaisperson, the other issues { will raise with you.“894 ‘cocoes Ee neea omy a Payotet im vounesmresemy comussionneroars = EEIntegrity Commission 1 Dacombora29 Report on the Engagement with Comrade E.S, Magashule, ANC Secretary General Ret ICIREPV620 The Secretary General met with the integrity Commission on Saturday 12,December 2020. It was 2 long meeting and the SG covered many issues. His briet 0 the IC was thorough and comprehensive, He came to the meeting very well prepared and offered to share with the IC all the documentation to which he referred, which he later did Cce Sé emphasised that he was a discipiined cadre and he made it clear that he was reac to perform any tasks given to him by the organisation. He further said that: © he was bound by the decisions of the collective; © he would "step aside” i so instructed by the NEC; * he understood the ANC Constitution, its rules and cade of conduct; he had a clear understanding of the seniority of his position as the ANC's Chief Administrative Officer and guardian of the principles and values of the ANC enshrined in the ANC Constitution; © he understood his responsibilities to ensure that all structures of the organisation perform according to its Constitution and its policies; * heunderstood his role to protect and uphold the values that have enabled the ANC for the last 108 yeers to have eamed the credibility and legitimacy necessary to lead the country; and * he was clear that the ANC was a voluntary organisation end therefore its members are bound by its Constitution, ar Cde SG Report 14.12.20‘The IC greatly appreciates the $G's respect for the integrity Commission. He understands the Commission. mancate and was able to freely refer to the Commission’s Terms of Reference. He confirmed that hie had telephonically informed the Chair immediately after criminal charges were laid, that he is presenting himself to the Commission anc that he would stand aside from all positions if instructed by tthe NEC todo so The Integrity Commission is concerned that there is growing negative perception ‘about the NEC. The IC is increasingly receiving feedback from the general public, including ANC members, that the NEC is not providing decisive leadership ond is paralysed in fulfling its promise of organisationel renewal and combating corruption, Of concern to the IC is not the correctness or otherwise of these perceptions, The concern Is the negative anc damaging impact these perceptions have on the organisation. It is now percsived that the NEC cannot implements decision against its Secretary General not as a form of protecting him, but because some of the NEC members are themselves implicated in wrong doing. The highest decision-making body between conferences is responsible for the increasing lack of trust by the very people it purports to lead. The NEC seems to be doubting the soundness and correctness of its own conference resolutions including its own decisions esgecially those that ceal with corruption. ‘The IC is worried that the Officials end the NEC are increasingly making use of legal opinions to avoid implementing resolutions that are essentially ethical and political ‘ang that it has continuously promised South Africa it would implement. The ANC takes great pride in its Constitution, Code of Conduct, and Resolutions, These embody the ANC's commitmant and inherent sense of fairness and justice to all. This sense of fairness, of adhering to uniform procedures extends into our South African Constitution wherein we find a myriad of checks and balances to ensure that all South Africans are treated fairly and equally. The Secretary General, as the Chief Administrative Officer is duty bound to ensure that the procedures of the ANC are correctly followe¢ without fear or favour. Disciplinary procedures with regard to disciplinary action are meticulously set out in the ANC Constitution and need to be strictly followed, ‘The NEC reports after every one of its meetings that unity is key but thet factionalism and division are weakening the ANC. This was confirmed by the Secretary General in our meeting with him, The IC understands that a united ANC is crucial for us to deliver on our promises. But unity can only be built around a common vision and Purpose as understood when we talk of Unity in Action. Unity is not about keeping individuals happy in order to avoid division in our ranks. It is not about allowing the organisation to be blackmailed around the slogan of unity. Whilst unity is paramount it must not be at the expense of the implementation of resolutions and IC - Coe SG Report 14.12.20decisions. Decisions of the ANC and its conferences must apply without fear or favour. ‘The Integrity Commission recommends to the NEC the immediate implementation of the NEC Resolution of 6-8 August 2020, quoted here for ease of reference: “cadres of the ANC who are formally charged for corruption or other serious crimes must immediately step aside from all leadership positions in the ANG, Jegisletures, or other government structures pending the finalisation of their cases. The Officials as mandated, will develop guidelines and procedures on implementation, and the next NWC meeting will review arogress. In cases where this has not happened, such individuals will be instructed to step aside.” ‘The NEC's attention is drawn to the last sentence above. In his interaction with the IC, the Secretary General indicated that he will never resist, ‘the decision of the NECeven if he might not agree with it. However, in the unlikely event of resistance to this , the NEC should consider suspension pending the finalisation of the criminal case against him in terms of Rule 25.70 of the ANC Constitution quoted for ease of reference “where o public representative, office bearer or member has been indicted to appear in a court of law on any charge, the Secretary General or Provincial Secretary, acting on the authority of the NEC, the NWC, the PEC or the PWC, if satisfied that the temporary suspension of such public representative, office bearer or member would be in the Lest interest of the Organisation, may suspend such public representative, elected office bearer or member end impose terms of conditions to regulate their participation ane! conduct during the suspension”. Revolutionary Greetings. George Mashamba Chairperson IC - Cde SG Report 14.12 20 Page 3“8G5 Bah cusses inf APEORMHTS ‘OUR REFERENCE: ANODOI/C4/M PHOSA YOUR REFERENCE: 27 October 2020, ATTENTION: ‘The Secretary Genaral African National Congress Mr. ES Magashule BY EMAIL RE: ‘THE OBLIGATION To STEP-DOWN Dear Sir, PHOSA LOTS Inc. Introduction Membership within the ANC has been facing internal and external calls to step down from thelr various positions within the organisation, in light of charges thet have been laid egainst them by the Netional Prosecuting Authority. This has prompted a review of the procedural and substantive requirements for a legal process to be ‘ollowed in said circumstances. The following is an examination of the current status ‘taking into consideration the Constitution of the ANC. ‘The Question to be determined The question to be determined is whether a perty member must step down from his position voluntarily cr in the alternative can he forced to step down, and in the event that he is forced to step down, what is ‘the legal position with respect to the procedural and substantive requirements of such a arocess? An additional and related question is which particular institution in the ANC is the appropriate forum for initioting and prosecuting any such procedure to deal with the matter facing the organisation. +27 (0}12 991 — 3122 | 427 (0)12 991-0836 | © admin @phosaloctsatt.co.za @Boardwalk Office Park, Block 12, 1st floor Eras Street, Faerie Glen, 0043 Directors: Dr. Mathews Phosa | Jaco Loats www.phosalootsatt.co.za Page 1 of 12,PHOSA LOOTS inc. SOSA LOOES ATTORNEY 3. The voluntary step down The voluntary relinquishment of a position in an organisation such ss the ANC, whether intrinsic to the person or on the basis of advice or pressure from external or intemal sources is primarily a political ané moral question that does not fall within the scape of this advice, 4. The nature of the ANC a legal persona and its obligations to members ‘The ANC was defined in Ramakatsa* as a voluntary association, by Moseneke DCJ and Jafta J in the majerity judgement at 79 and 80, that has e contractual relationship with its members with the “constitution together with the audit guidelines ond ony other rules” constituting the terms of agreement between the ANC end its members, upon the breach of which, they are entitled to approach a court of law for relief. Yacocb J in his minority judgement at 16 further explicitly states the obligetion on “every political party to act Jwfully and in accordance with its own constitution’, a position that is mirrored by Froneman J in his minority judgement at 43 The simple exposition of the law is therefore that the ANC is required to always act lawfully, that being, in accordance with its constitution, as the participation in its activities by any of its members constitutes the fulfilment of their constitutional right to participate in the activities of a political party. Once membership is attained, an agreement is established that has duties and obligations for both parties that must occur within the context of South African law and the ANC constitution. 5. The ANC constitution and its instruments with respect to the Question ‘The ANC constitution and its instruments create # conundrum when applied to the specificcircumstances of the Question. On the face of it. the resolution taken at the 2017 National Conference, itself a restatement of the 2015 NGC resolution, is the applicable instrument to be applied in the circumstances in the Question, which reads as follows: Ramakatat end others Magashule and others COV 1091 in Number: 2019/346418/24 © 427 (0/12 991 — 3122 | +27 (0}12 9940836 | 57 admin @ghosalootsatt.co.ze Osoardwalk Office Park, Block 12, 1st floor Eros Street, Faerie Glen, 0043 Directors: Dr. Mathews Phasa | Jaco Loots www.phosalootsatt.co.za Page 2 of 12 er £ Ead ma h WSs LORE i “Re-affirm the 2015 NGC resolution that, ANC leaders and members who are alleged to be involved in corrupt activities, should, where necessary step aside until their names are cleared” This wes followed with an NEC resolution published on 31 August 2020 that reads: “Cadres of the ANC who are jarmally charged for corruption or other serious crimes must immediately step aside from all leadership positions in the ANG, legisiatures or ather government structures pending the finalisation of their cases” This is enhanced bya resolution that reads; “Summarily susoend people who fail to give an acceptoble explanation or to volunterily step down white they face the discipinary investigative or prosecutorial procedures” ‘The resolutions also included: “Cadres of the ANC who are reported to be involved in corrupt and other serious criminal practices must go to the tntegrity Commission to explain themselves, Those who do not give an acceptable explanation, must be suspended”. While the definition of “step aside” is not clearly laid out anywhere, the language in context suggasts that the person who is the subject of these processes should ebsent themselves from all activities and appears to be a codeword for a voluntary self-executed suspension, If anything, more than thet is intended by the phrase “stepaside’, it would violate the ANC constitution end any action instituted under such an expanded definition, would be open to being set aside. The applicable resolutions passed at the 54" National Conference were passed as ordinary resolutions. They were not passed, according to the information available to the author, on 3 months’ notice to the Secretary General nor were they constitutional amendments submitted by the NEC on one month’s notice, with a clear notice of intent to propese constitutional emendments and passed by a two thirds majority in the National Conference. PHOSALOOTS Ine Regstvation Number: 2019/346018 727 % 427 (0)12 991-2122 | +27 (0/12 991 - 0836 | & admin@phosalootsatt.co.ca ‘Boardwalk Office Park, Block 12, 1st floor Eros Street, Faerie Glen, 0043 rectors: Dr. Mathews Phosa | Jaco Loots wow phosalootsatt co.za Poge Soi 11 er eeANE srsiwe HR / esses a These resolutions referenced above, various statements by officials, the NWC and the NEC have re- iterated the belief that anyone, not complying with such statements would be summarily suspended. There does not appear to be any process that had in fact amended the constitution +o either empower those resolutions or statements beyond the mare “step aside” definition alluded to above. As a result, thereof, what is open to the organisation to do is 10 follow its constitution and act In accordance therewith. Any action that does not comply with the constitution of the ANC would be unlawful. It is the founding element of the agreement between the organisation and its members No resolution or statement of any of tie institutions inside the ANC is capable of over-riding the constitution and subtracting from the basket of procedural and substantive rights that are held by an ANC member, ‘Oniya duly processed constitutional amendment has the ability to change those rights. 6. The role of Revolutionary Morality as the subtext governing all actions of the ANCand its members Before the role of revolutionary morality as subtext may be exarnined as factor governing relationships between the ANC and its members the following fundamental questions behooves to be answered WHO is the ANC? The ANC is a national liberation movement, It was formed In 1912 to unite the Africen people and spearhead the struggle for fundamental political, social and economic change, ‘The african National Congress (ANC){s the Republic of South Africa's governing political party, tt has been the ruling party of post-zpartheid South Africa since the election of Nelson Mandela in the 1994 election, winning every election since then Membership of the ANC is open to all South Africans above the age of 18 years, Irrespective of race, colour and creed, who accept its principles, policies and programmes, The policies of the ANC are determined by its membership and |ts leadership is accountable to the membership. PHOSALOOTS Inc. Registration Number: © +27 (0)12 994-3122 | +27 (0)12 991-0836 | | admin@phosalootseti.co.za Obcardwalk Office Park, Block 12, 1st floor Eros Street, Faerie Glen, 0043 Directors: Dr. Mathews Phosa | Jaco Loots woww.phoselootsatt.co.za Page ¢ of 12 e*od, & yi wa YES Mes j The ANC is also a political party, a “Party In alliance” which means the South African Communist Party (SACP), the Congress of South African Trade Unions (COSATU) and the South African National Civic Organisation (SANCO|; The ANC has its own legal persona independent fiom its membership if one of the definitions in its constitution is considered being “perpetual succession and power” means the rights that vest indefinitely in the Organisation as a legal person as distinct from its individual members; Moreover the ANCis best defined by its Constitution (as amended) in which is contained its aims and objectives Aims and Objectives The ANC’s key objective is the creation of a united, ron-racial, non-sexist and demecratic society This means the liberation of Africans in particular and black people in general irom political and economic bondage. It means uplifting the quality of life of all South Africans, especially the poor. The struggle to achieve this objective is called the National Democratic Revolution. Responsibilities of an ANC member ‘The values and principles of an ANC member include: humility and ¢ selfless dedication to the struggle for a non-racial, non-sexist and democratic society, concern for the will and interests of the people, captured in the principles of Batho Pele (people first) a commitment to implement the policies of the movement and the decisions of the collective, Momibers of the ANC are expected to: belong to an ANC branch, oay subscription fees and essist in building the ANC, participate actively in the discussion, formulation and implementation of ANC folicy and programmes, accept and defend the decisions of the relevant structures of the movement, build the unity of the ANC and democratic movement and combat corruption, nepetism and factionalism, ‘ight ageinst racism, tribal chauvinism, sexism, religious and political intolerance er ary form of discrimination, constantly remain informed of poltical snd other developments, building their own capabilities as part of aprocess of life-long learning. remain in touch with the people and play an active role in the affairs of PHOSALOOTS Ine Registration Number: 2019/346018721 427 (0)12 991 ~ 3122 | 1427 (0)12 994-0835 | | admin@phosalootsati.co.za Boardwalk Office Park, Block 12, 1st floor Eros Street, Faerie Glen, 0043 Directors: Dr. Mathews Phosa | Jaco Loots www. phosalootsatt.co.za Page S of 12 oie EuSoe Ps =a SPF Fisose ioors inc A AVEOUNERS the community, behave in an exemplary wey in day-to-day life, and not use positions of responsibility forselfenrichment ar persenal gain ‘The aforementioned aims and oujectives, policy and values of ANC Members constitutes what is termed traditional morality which could be defined in contest as follow:" ‘Morality isthe belief that some behavior is right and acceptzble, anc that other behavior is wrong... A ‘morality is a system cf principles and values concerning people's behavior, which is generally accented by a society or bya particular group of people The cancept of Revolutionary morality was initially found in the works of Leon Trotsky being defined as @ higher concept of morality. In this perspective, the rejection of the traditional morality of the dass saciety and the adoption of a revolutionary morality instecd is necessary so that the Bolshevik political and economic transformation can be achieved. Moreover, not only does Trotsky decidedly reject any charges saying that communism is amoral but argues that revolutionary moraity is in fact 2 higher human morality, since ‘ts guiding principle is the emancivation of the working class, the only route towards a society which can set humanity free. Jn accordance with this line of thinking, objective moral norms which define the good and evil of our deeds irrespective of the place and time reflect the ideology of the ruling class and protect its interests. Therefore, they should be replaced with 2 revolutionary morality which takes into account the social interest and relies on a éynamic and historical understanding of moral norms. By this train of thought Trotsky defined a new category of revolutionary morality, which refers to the dialectical dependency between means and ends. Dialectical dependency means that no revclutionary means are good unless they contribute to the emancipation of the masses, the liberation and moral improvament of people. The Relevance of the concept of revolutionary morality for this opinion or discussion will be appreciated out of the following PHOSALOOTS Inc. Registration Number: 2019/346418721 % #27 (012 991-3122 | 1427 (0)12 991 ~_0836 | 9 admin@phosalootsatt.co.2a boardwalk Orfice Park, Block 12, ist floor Eros Street, Faerie Glen, 0043 Directors: Dr. Mathews Phosa | Jaco Locts www phosalootsatt co.za Page 6 of 12A LOOT ENC The ANc's document entitled “Crganisatlonc! Renewal- Building the ANC as 0 movement for transformation and a strategic center of power", requires a substantive agpreciation of the centrality of revolutionary morality, simply defined as integrity. ‘The National Integrity Commission (hereafter referred to as the IC of the ANC has its genesis from the call at the ANC’s National Genaral Council (NGC) meeting held in 2020. This call was part of the broader call for organisational renewal and modernization of the ANC as a result of fears of factionalism, corruption, complacency causing serious reputational damage to Branc-ANC. Following the NGC's 2010 call, the ANC's 53rd National Conference pasced a resolution that laid the Policy basis for the establishment of the IC. It was agreed that the IC would consist of veterans of the movement, ‘The spirit of this decision was that it was assumed that veterans were the least prone to factional and ferests because of their historical revolutionary morality, ethics and organisational Consequently, in March 2013 the NEC established the IC and appointee its members. The NEC was also mandated to develop the IC terms of reference. it was presumed that these should with hindsight have included sufficient detail on the IC's policies, regulations and standard operating procedures, but did not ‘as is apparent from the examination alluded to in this opinion. At the Sath National Conference the IC's role was augmented when it wes included 2s a constitutional structure in terms of rule 24.1 and 24.2 read together with rule 25.17.4 of the ANC Constitution. Rule 25.17.4 broadens the powers of the ANC to take disciplinary steps against members where the alleged misconduct is not specifically defined in the constitution but is deemed by the IC to be immoral and/unethical and which “brings or could bring the ANC into disrepute “ Thus, this rule would primarity aim to grant the IC the power to define whet constitutes unethical and or immoral conduct. PHOSALOOTS Inc. ‘Registration Number: 2019/340418/21 © 427 (0)12.991—3122 | 1427 (0}12 991 - 0836 | & admin@pro: boardwalk Office Park, Block 12, Ast floor Eros Street, Faerie Glen, 0043 Directors: Dr. Mathews Phosa | Jaco Loots www phosalootsatt.co.za e*' geJ Poss woorsine ATTORNEYS 7. The ANC amended constitution contains further matters of interest to the question These are as follow; Natural justice es a concept in line with the primary procedurel safeguards in South African administrative law are expressed by the twin principles of natural justice: cud! aiteram partem ("the uci principle”) and nemo iudex in causa sua that is, that a public official should hear the other side, and that one should not be a judge in his own cause get attention in the definitions of the amended ANC Constitution end 's quoted verbatim es “natural justice rules” means the rules that no one can be a judge in his/her own cause, and one should be given the opportunity to be heard” Dis Discipline occurs in the following instances in the constitution of pertinence to the question raised herein: Inrule 5.2.75 one of the duties of members as obliged to “Okserve discipline, behave hanestly and carry out loyally the decisions of the majority and decisions of higher bodies; In terms of rule 25.3 Any member, office bearer or public representative who fails, refuses and/or neglects to abide by then provisions of the Constitution of the ANC, its Standing Orders, Rules, Regulations, Resolutions and policies adopted or made in terms of the Constitution shall be lable to be disciplined in terms of this Constitution. ‘The organisation's authority to discipline is found in rule 25.4 The ANCstall have jurisdiction todiscipline any member, office bearer or public representative for committing any act of misconduct as contained in Rule 25.17 below as a member of the ANC and/ or by virtue of his or her contract of deployment and/or by virtue of his or her membership of any of the structures of the ANC. In terms of rule 25,6 Disciplinary proceedings against a memker shall not: Be used as a means of stifling deoate or denying members their basic democratic rights; In terms of 25.11 Disciplinary proceedings in the ANC shall be a one-stage inquiry and shall be conducted in terms of the procedure set out in Appendix 3. All the evidence regarding the merits of the case and all PHOSALOOTS in Regatration Namber: 2019/346418721 +27 0)12.991 3122 | 1427 (0}12 991 — D836 | | admin @phosalootsatt.co.za Qbsoardwalk Office Park, Block 12, Ast floor Eros Street, Faerie Glen, 0043 Directors: Dr. Mathews Phosa | Jaco Loats wav phosalootsatt co.za Poge 8of 11 E>evidence relating toan appropriate sanction shall be led by the parties before the Disciplinary Committee retires to adjudicate and make its finding. One finds the reference ta the rules and pewers of the NEC relating to suspension fram office in the following rules: 25.56 The NEC, NWC, PECor PWC, as the case may be, may, atany stage priar to the commencement of disciplinary proceedings against a member summarily suspend the membership of that member in accordance with the provisions of this Rule, 25.57 Before making such a decision, the NEC, th NWC, the PEC or the PWC, as the case may ba, snal 25.57-1 Have due regard to the nature and seriousness of the alleged volation or act of misconduct; 25.57.2 Consider the likelihood of the member engagitig in further acts of misconduct; 25.57.3 Consider the impact on the repute of the Organisation of the alleged violation or act of misconduct an¢/cr further acts of misconduct that the member could engage in; 25.57.4 Put the accusations to the member for comment: 25.57.5 Afford the member 48 (forty-elght) hours to respond to the eccusations These rules are in itself in stark contradiction to the resolution contemplating “summary suspension” as alluded to hereinbefore The majority of the statements and resolutions referred and alluded to above relating to stepping acide ‘and summary suspension are generally de-contextualisee from a disciplinary process and appear to be PHOSATOOTS Inc ration Number= 2018/346418/21 © +27 (0)12 991-3122 | +77 {0)12 961-0636 | © sdrmin@phosalovisatt.co.ca OBoardvalk Office Park, Block 12, 1st floor Eros Street, Faerie Glen, 0043 Directors: Or. Mathews Phosa | Jaco Loots www phosalooteatt co.2a Page Soft er geHOSA LOOTS In used ina stand-alone context as a means and end to itself This is obviously not in compliance with the provisions of the ANC constitution, Specific confusion exists with respect to “suspension” The definition of “suspend” in the ANC constitution reads as follows.” suspend” means to bar for a period Of time access to a privilege, office or position”. When the various statements, resolutions and publicly shared perspectives on the issue cf suspension and stepping aside in instances of misconduct are collectively assesse6, they lead to the unavoidable conclusion that many of these are not predicated on @ proper understanding of suspension in the context of the ANC constitution. There iso instance in the ANC where a dedy or office bearer is empowered to institute a stand-alone suspension, with one very specific exception dealt with below and one instance contained within the general powers of the NEC. All other instances of suspension in the ANC constitution fal into 2 broad categories. The first category isthat of ¢ suspension prior toa disciplinary process, as the initial stage ofa disciplinary process, and the second category isa suspension as a sanction after a process has resulted in someone being found guilty. None of these have yet come to ass, The only exception to the above is the general power to temporarily suspend a member's membership set out In Clause 12.2.12. In this context the defintion of suspend does not have application, as it specifically refers to the total denial of any of the rights of membership, as egainst the partial constraint of the benefits of membership contemplated in the definition of “suspend”. This power is not defined In eicher a procedural or substance rights context and in effect gives the NEC the power to suspend the constitutional right of a member to participate in the activities of a political party that is lafd out in Ramakatsa. Itis likely that the unfettered exercise of a power to temporarily suspend the constitutional rights of a member is unlikely to pass constitutional muster if challenged. The other exception is the 5.70 of the ANC constitution. This clause reads as follows: provisions of clau “where a oublic representative, office-bearer or member has been indicted to appear in 2 court of law on any charge, the Secretary General or Provincial Secretary, actingon the authority of the NEC, the NWC, the PEC or the PWC, if satisfied that the temporary suspension of such public representative, office- the best interest of the Organisation, may suspend such publ bearer or member would be Registration Number: 1015/S46419721 © +27 (0)12 991-3122 | #1127 (0)12 961-0836 | & aémin@phoselootsattc Boardwalk Office Park, Block 12, Ist floor Eros Street, Faerie Gien, O042 Directors: Dr. Mathews Phosa | Jaco Loots ‘warw phosalootsatt.co.za Page 10 of 11 ee nm) tse9 NE ma representative, elected office-beerer or member and impose terms and conditions to regulate their participation and conduct during the suspension” 8. Conch ‘The Question obviously revolves around a scenario that the drefters of the ANC’s constitution did not specifically envisage at the time of the emendment of the ANC constitution in 2017. The conclusion of all the above is that the suspension of any member would be unlawful ifthe suspension is not an intrinsic part of a disciplinary process under the ANC constitution in clause 25 and the Annexes, end in full compliance therewith. None of the resolutions, statements end policy postures have the legal effect of creating a sui generis stand-alone orocess for suspending @ member under the circumstances currently being experienced, Kind regards, ‘Dries Phosa Director PHOSA LOTS INC PHOSALOOTSInc. Registration Number: 2019/3464 8/21 427 (0)22.991 ~3122 | 81427 (0}12 991 - 0836 | © admin@phesslootsstt.co.za boardwalk Otfice Park, Block 12, Ast floer Eros Street, Faerie Glen, 0043 Directors: Dr. Mathews Phosa | Jaco Loots www phosalootsatt.co.za Pogo 11 of 14 RB gs Cc.AFRICAN NATIONAL CONGRESS SECRETARY GENERAL'S OFFICE Secure ee oti ae Gye amephoss ag 2008 Dose ede cyt ‘RE: NAMES OF ANG MEMBERS FACING ALLEGATIONS OF ‘CORRUPTIONICRE AND TROSE FACING CHARGES OR CONVICTED Tho NEGA Ras on numaoun conssens dacieed and Mosine on matert isang isthe rplrenation ee seaoutons of aofaance In pancelas, no 64" Conterce Resin an “ANG CREDIBILTY AND IrEaRiTY:DEALNG witn CORRUPTION: Propaty ral ad nets Corfornse raslutonin thi egos prod! ‘ides hard orgie ab ho cam prsina seght He mde ot e-arnmatysspandee ‘Younave seen repos he Soro Oorese Greconte ard ha maar of sealed econ aig your CX 17 canpulgh po ae cutng re 54" Aston Sorrerance penny bore ur cus, (m3 Nay 2001 BNC, stg in! Ro 2670 read wth Fa 13 ered ‘farltars Se votan na aed remelting feel ota en el ‘thas decid father roar suspeegon weut be In hs bet ise ofthe Grantor, ‘Accsraing olin (8) of e 56" Naser Cotronce, Secretar a eels SSP carat yee an onsen oor As sad above i hes boen opntid Of Presta het you su your Naas Carpagn tem read monsy nan alan eget ances ay elect you { Presdon of be ANC fs conmon caige hat ths mater ha been verted A ‘Sr eouts ar te Souoneris ostac tar ronan sold. Tle pars mater ‘olaingto esoaieg ete cocimans is penong sore cu Ouse, rt Can der Pin A bea Mod mre Shen nn Gwe oe ~ S66 ”AFRICAN NATIONAL CONGRESS ‘SECRETARY GENERAL'S OFFICE al a se a ar A ‘ue Peosiden you yl esa tat gure apan tom ins mater terg eporied to cut law enforcement agencies the ANS has mented Meuse ance Of ey Is sed onthe way lowers amrating tom th ast NMG, a mumberaf sonnei face suspensions fomthe ANC -Accorsingly on the autos eft NAC an aera one aegatons referee to Neve above, yu are hetedylerperey sunpardend ‘wth ef om 3 May 2025, fom al etnies of fis AnC poneig a8 he uera processes af he ANC, 2 Wel by lve wh Rus 25.70 he eiowing tam and sania ss sme ty regulate {9 parpsicn sp eandus diving yoo aeepanacr |a) You ray net cony cu hes ane weepenstiies fthe Psat of te ARC, {bt ¥ou may nl repmoertthe ANE puotly of anyother capaony oc oar (2) ¥eu "may ‘not make pubic seamen or rorauncaments eh lls ting te ompanatin (@)¥ou may rol araade inthe mabiizaton of ANG stuctires, ary other otjaneaions or oka, ncuchs on yer seoong aide ant ates ‘oltes ters ‘Accowdha)y, you a required fo upstate Svreary Garerel an 4 nosthiy bass "aceng Prue tg eso ara ecg atecnes Tou Totine oon equast Ey yousat ‘Youste ate ented to afar tone lem appes!oocesses and to acl acco, sPoud you weno dose a ES Naoashule SECRETARY GENERAL [AFRICAN RATIONAL CONGRESS Ge cae dese buat Pt Raveena Pai Mem Sage: Qa el 2 aga ay ary ee Den Fees ieNAL CONGRESS (hit AL Hane St See: Sal reser) 208 70 Bow tA Moa e271 STOO Wekte eanc.09 25 Cde ES Mayashule Secretary General African National Congress Dear Comrade Magashulte, IMPLEMENTATION OF NATIONAL CONFERENCE RESOLUTIONS AND NEC DECISIONS REGARDING MEMBERS CHARGED WITH CORRUPTION AND OTHER SERIOUS CRIMES / SUSPENSION IN TERMS OF RULE 25.70 OF THE ANG CONSTITUTION ‘The meeting of the Nationat Working Committee (WC) held on 3 Klay 2021, acting in terms of Rule 13.8 of the ANC Constitution, reatfirmed the decision of the NEC on 26 ~ 20 March 2021 that ell members who have been charged with corruption or other serious crimes must step aside within 30 days, failing which they should be suspended in terms of Rule 26.70 of the ANC Constitution, which provides that ‘Where a public representative, olfice-bearer or member has been indicted to appear jn.a court of faw on any charge, the Secretary General or Provincial Secretary, acting on the authority of the NEC, the NWC, the PEC or the PWC, if satistied that the femporary suspension of such public representative, office-beerer or member would be in the best interest of the Organisation, may suspend such public representative, elected office-bearer or member and impose terms and conditions to regulate their partioipation end conduct during the suspension." We atiach hereto, for ease of reference, the Guidelines and Procedures adopted by the NEC on 13 ~ 14 February 2021 as Attachment A. ‘The NWC also received a report from the National Officials, through a team led by the Treasurer General, on proposed Terms and Conxitions regulating the participation and conduct of members during the period that they step aside voluntarily, The proposad Terms and Conditions are attached as Attachment B. The NWC resolved that the decision of the last NEC, as outined above, must be implemented. Those who have been charged with corruption or other serious crimes, and who have not stepped aside, should he suspended in terms of Rule 25.70 of the ANC Constitution. President © Ramaphosa Deputy President B.D. Neuza National Ghalfperson: G Manteste Secretary Genera #'S, Mageshte Deputy Seortary Conerl: J Duste, Trowourer General: P, Mashalle 6°AFRICAN NATIONAL CONGRESS BECRETAR fy Po soxattee sill 2:9 RSA obra Hse 5! Sau Ste ame TC 27/1376 100 Mette wane on 22 ‘The NWC instructed that the necessary letters must be written to the affected members. implernenting this decision, and outining the terms ené conditions regulating ther particpation and conduct during thelr temporary suspension You have been indicted to appear in a court of law on charges of corruption and fraud, alternatively theft and money laundering. On 3 May 2021, the NWC, acting in tenrs of Rule 25.70 read with Rute 13.8, instructed that letters be written to all affected members, including yoursef, to inform them that it has decided that their temporary suspension would be in the best interest of the Organisation Accordingly, on the authority of the NWC, you are hereby temporarily suspend with effect trorn 3 May 2021 until the final outcome of your court proceedings. In terms of Rule 25.70 the folowing terms and contltions are imposed io reguiaie your patticipation and conduct during your temporary suspension’ During the period that you are temporarily suspended you: 4) May not carry out the duties and responsibilities of your office 2s Secretary General; 2) May not represent the organisation publicly or in any other forum: 3) May not make public pronouncemerts on maiters related to the organisation 4) May not engage in the mobilisation of ANC structures, any other organisations or ind'viduels, including or your stepping aside and matters related thereto. During the period that you, as a full-time office bearer employed by the organisation, aye temporarily suspended, you will be entitled to remuneration and other benefits in line with your conditions of employrnent You are required to update the Office of the Secretary General on a monthly basis regarding progress wilh your case. The decision to temporarily suspend you will be reviewed by the NEC every six months, or fram time to time at your request. Yours Comradely, \poich ant de¥cie Duarte DEPUTY SEGRETARY GENERAL, AFRICAN NATIONAL CONGRESS Date: 3 May goat Prosdent: € Ramaphosa Deputy President. 12. Mabcza National haipeson: G Manteshe Secretary Genera: .S.Mageshale Deputy Secretary Genera: J Duarte, Treaseren-GonaralPMashaile e* eeATTACHMENT " GUIDELINES AND PROGEDURES: IMPLEMENTATION OF NATIONAL CONFERENCE RESOLUTIONS ON ANC CREDIBILITY AND INTEGRITY: DEALING WITH CORRUPTION AND ON FIGHTING CRIME AND CORRUPTION ~As adopted by the National Executive Cammiitee on 13— 14 February 2024 4. INTRODUCTION 1.1 In its Resolution on ANC Credibilty and integrity: Dealing with Comuption (Attached es Annexure A), the 54" National Conference resolved to: ‘Demand ihat every cadre accused of or reported to be involved in, corrupt practices accounts to the Integrity Committee immediately or faces OC processes.” 1.2 Conference further resolved that: {PJeople who fail to give an acceptabie explanation or to voluntarily siep down, while they face disciplinary, investigative or prosecutoriat procedures” should be summarily suspended. 1.3 Furthermore, in its Resoiution on Fighting Crime and Corruption (Attached as Annexure B), the 54 National Conference resolved to: "Reaffirm the 2015 NGC resolution thet, ANC leaders and members who are alleged te be involved in corrupt activities, should, where necessary step aside until their names are cleared,” 1.4 Pursuant to these resolutions, the National Executive Committee (NEC) decided at its meeting on 28 - 30 August 2020 that: “Cadres of the ANC who are formally charged for corruption or other serious crimes must immediately step aside from ell leadership positions in the ANC, legislatures or other govemment structures pending the finalisation of their cases.” 1.5 The NEC meeting on 6-8 December 2020 reaffirmed the position taken Sy the NEC meeting of $1 July - 2 August 2020 that: "[Tihe ANC needs to draw a clear tine in the sand between the organisation, and those who stea! and commit other crimes against the people.” 1.6 The NEC also, ‘{Rireatfirmed the decisions about the steps that are required in pursuit of the implementation of the Resolutions of Canierence, as agreed af its meeting on the 260h — 30th of August 2020." The NEC stressed that: ‘[T]here can 9 no retreat from the positions taken, and these decisions musi be implemented for, and by, all members,” 1.7 The NEC further recalled: *{T7he 2015 Resolution of the National General Council (NGO), strengthened by the 54th National Conference, that: the ANC should strengthen consequence management system against comrades wine participate in, of are found guilty of corruption’. Furthermore, thet the ANC should take decisive action against all members involved in corruption, including these who use money (0 influence conference outcomes, and those who try to subvert the membership system.”1.8 The NEC reaifirmed that: “{AJs a voluntary organisation the ANC follows its Constitution, Rules, Conference resolutions and NEC decisions, and must under all circumstances operate within the Constitution and laws of the land.” 1.9 The NEC stressed that; “fjn dealing with matters of integrity, and the fight against corruption, that remedial action should be applied in an even-handed manner to al’ members at every fevel of the organisation. it noted that any inconsistont application of the Rules and the Constitution of the ANG, undermines the unity of the Movement. The ANC should uphold the sights of all members and protect the Integrity of the Movement, without fear or favour.” 1.40informed by the Constitution of the Republic of South Africa and the ANC Constitution, this document outlines guidelines and procedures to guide the NEC in exercising leadership with regards to the implementation of the National Conference resolutions and NEC decisions, referred to above. 2. THE OATH OF MEMBERSHIP 2.1The ANC Constitution envisages that members who join the ANG do so voluntarily and that, on being accepted in the ANC, a new member shall make the solemn declaration prescribed in Rule 4.16 of the ANG Constitution. 2.2The Member's Oath slates that: “f /...J, solemnly declare that i will abide by the aims and objectives of the African National Congress as set cut in the Constitution, the Freedom Charter and other duly adopted poticy positions, that | am joining the Organisation voluntarily and without motives of material advantage or personal gein, that | agree to respect the Constitution and the structures and to work as loyal mamber of the Organisation, that ! wil! place my energies and skills at the disposal of the Organisation end carry out iasks given to me, that i will work towards making the ANC en even more effective instrument of tiberation in the hands of he people, and that | will defend the unity and integrity of the Organisation and its principles, and combat any fendency towards disruption and factionalism.” 2.3 The Member's Oath serves as the basis for any member joining the ANC. Itoutlines the political consciousness and conscience expected of an ANC member and guides an ANC member's corduct in relation to issues of ANC credibility and integrity, and the fight against crime and corruption 3. GUIDELINES FOR IMPLEMENTING NATIONAL CONFERENCE RESOLUTIONS The following sections provide guidelines and procedures related to (1) Stepping aside following indictment on criminal charges; (2) Temporary suspension folowing indictment on criminal cherges (3) Temporary suspension pending ANC disciplinary processes following indictment on criminal charges. (4) Dealing with allegations of corruption or serious crime.3.1Stepping aside following indictment to appear in a court of law on criminal charges 3.1.1 A member, office-bearer, or public representative, who has been indicted to appear in 2 court of law on a charge of corruption or other serious crime must immediately stap aside pending the finalisation of her or his case. 3.1.2 Stepping aside means that the participation and conduct of 2 member, office bearer, or oublic representatve, must be guided by the best interests of the organisation, and the undertakings set out in the Members’ Oath prescribed in Rule 4.16. This may include relinquishing, forgoing, or refraining trom exercising, temporarily or permanently, in whole or in part, her or his rights, duties and responsibilities as a member, office-bearer, or public representative 3.1.3: After deciding to step aside, the member, office-bearer, or public representative must approach the Secretary General or NWC, the Provincial Secretary or PWC, whichever the case may be, to inform them of her or his decision to step aside 3.1.4 The Secretary General or Provincial Secretary, NWC or PWC, acting on the authority of the NEC, the NWC, the PEC or the PWC, whichever the case may be, may impose terms and conditions to regulate the participation and conduct of a member, office-bearer, or public representative during the period that he or she steps asice. 3.1.5 The decision by a member, office-bearer or public representative to step aside does not remove her or his obligation to account to the Integrity Commission immediately if he or she has been accused of, or reported to be involved in corrupt practices, or face disciplinary processes, 3.1.6 If a member, office-bearer or public representative falls to step aside, the SG or NWC, the PS or PWC, whichever the case may be, may rofor the matter to the Integrity Commission for it to consider anc make recommendations to the NEC or PEC, 3.4.7 The findings and recommendations of the Integrity Commission will be submitted to the NEC or PEC. Once the NEC or PEC has concluded its deliberations, and taken a decision, the matter will then be made public. 3.1.8 When a member, offics-bearer or public representative wishes to eppeal the findings and recommendations of the Integrity Commission, the NEC or PEC may ostablish an independent committee to review the findings and recommendations of the Integrity Commission, and to report to the NEC. Once this process has been exheusted the NEC shall take a final decision on the matter. my 2 y3:1.9 The cecision to step aside, must be reviewed periodically by the NEC, NWC, PEC or PWC at least once per yeer, or from time to time at the request of the member, office-bearer, or public representative. 3.4.10 Where a member, office-bearer or public representative refuses te step aside, notwithstanding a decision of the NEC or PEC that he or she should do so, the Organization shall invoke Rule 25.70 of the ANC Constitution. 3.1.11 Rule 25.70 provides that “Where a public representative, office-bearer or member has been indicted to appear in a court of lew on any charge, the Secretary General or Provincial Secretary. acting on the authority of the NEC, the NWC, the PEC, or the PWO, if satisfied that the temporary suspension of Such public representative, office-bearer or member would be in the best interest of the Organisation, mey suspend such public representative, elected office-bearer or member and impose terms and conditions to regulate their participetion and conduct during the suspension.” 3.2Temporary suspension following indictment to appear in a court of law on criminal charges 3.2.1 The temporary suspension referred to in Rule 25.70 is ¢ffected by the Secretary General or Provincial Secretary acting on the authority of the NEC, the NWC. the PEC or the PWC. 3.2.2 The Secretary General or Provincial Secretary, acting on the authority of the NEC, the NWC, the PEC or the PWC, must be satisfied that the temporary suspension of such member, office-bearer or public representalive would be In the best inierest of the Organisation. 4.2.3 In terms of Rule 24.2 the Secretary General or Provincial Secretary may also consider requesting the Officials or the NEC to refer the maiter to the Integrity Commission for a recommendation 3.24 Rule 24.2 provides that: “The Officials and NEC may refer to the Integrity Commission any unethical or immoral conduct by a member which brings or Could bring or has the potential fo bring or as a consequence thereot brings the ANC into disrepute.” 3.2.5 Before referring a matter to the Integrity Commission for a recommendation, the following must be taken into consideration: + The nature of the alleged conduct with respect to the Code of Conduct and Conference Resolutions, + The extent or frequency of such allegad conduct if it is ¢ minor infractio) + The source of the allegation and the veracity of the allegation:3.26 + The amount of independent sources that are consistent with the original source of the allegation; + The impact on perceptions and reputation of the organization resulting from the alleged conduct should it be true; + Whether any proof other than a bare allegation was provided, and * The role and standing of the member in the organization or the State. The Secretary General or Provincial Secretary may impose terms and conditions to regulate the perticipation of the suspended member, office-bearer or public representative. 3.3 Temporary suspension pending ANC disciplinary processes following being indicted to appear in a court of law on criminal charges 334 3.3.2 3.3.3 3.8.4 3.3.5 3.3.6 Conduct leading to a member, office-bearer or public representative being indicted to appear in a court of law on any charge, especially that of corruption or any other serious offence, could also constitute an Act of Misconduct in terms of Rule 25.77 of the ANC Constitution for which disciplinary proceedings could be invoked and instituted against such a member, office-bearer or public Tepresentative. Rule 29.17.4 provides that the following is an act of misconduct: “Engaging in any unethical or immoral conduct which detracts from the character, values and integrity of the ANC, as may be determined by the integrity Commission, which forings or could bring or has the potential to bring or as a consequence thereof brings the ANC into disrepute.” Rule 25.17.5 provides that the following is an act of misconduct: “Behaving in 2 manner or making any utterance which brings or could bring or has the potential to bring or as a consequence thereof brings the ANC into disrepute.” The institution of disciplinary proceedings is provided for in Rule 25.9 and 25.10 of the ANC Constitution Rule 25.9 provides that: “The Officials, NEC, the NW, the PEC, the PWC, the REC, the RWC, the BEC or office bearers of any of these structures exercising its right to invoke disciplinary proceedings under this Constitution, may initiate end/or institute disciplinary proceedings agaist any member, office bearer or public representative of the Organization in respect of any act of miscanduct referred (o in Rule 25.17 below.” In terms of Rule 25.10 an REC, RWC or BEC or office bearers of these structures must obtain the written approval of the Provincial Secretary before ‘commencing with the institution of such disciplinary proceedings.3.3.7 Once disciplinary proceedings have been invoked and instituted against a member, office-bearer or public representative the NEC. NWC, PEC or PWC may at any siage prior to the commencement of disciplinary proceedings against a member summarily suspend the membership of that member. 3.3.8. In terms of Rules 25.56 — 25.89: “The NEC, NC, PEC or PWC, as the case may be, may, al any stage prior to the commencement of disciplinary procesdings againsi @ member summarily suspend the membership of that member in accordance with the provisions of this Rule. 3.3.9 In terms of Rule 25.57: “Before making such a decision, the NEC, the NWC, the PEC or the PWC, as the case may bo, shall 25.571 Have due regard to the nature and seriousness of the alleged Violation or act of misconduct; 2557.2 Consider the tkelinood of the member engaging in further acts of misconduct: 26.57.3 Consider the impact on the repute of the Organization of the alleged violation or act of misconduct and/or further acts of misconduct that the member could engage in; 25.57.4 Put the accusations to the member for comment: 25575 Alford the member 48 (forty-eight) hours to respond to the accusations.” 3.3.10Rule 25.62 provides that: ‘In the case of the Suspension of a public representative, the NEC, the NWC, the PEC or the PWC, as the case may be, musi also provide for any terms and conditions which wif regulate the member's participation and conduct as a public representative during the period of suspension.” 3.3.11 The terms and conditions of the suspension of a public represontative will be regulated by the relevant structure taking into account the relevant legal and political factors. 3.3.12However, in respect of membership of the ANC, Rule 25.67 of the ANC Constitution provides that: ‘Busing the temporary suspension the member shall not he entitled to exercise any of his or hor rights in terms of the Constitution, save for attending the ciscipinary proceedings and enforcing his or her right of appeal and/or review. 3.4 Members Facing Allegations of Corruption and or Serious Crime 3.4.1 Initiation of the Process 3.4.1.1. Upon the Secratary ot Secretary General becoming aware of an allegation of corruption, or serious crime against an ANC member, office-bearer of public representative (‘the member"), the Secretary or Secretary General shall perform an initial investigation and submit a report to the appropriate 6341.2 34.13 structure (NEC / NWC / PEC etc), This report shall be submitted to the appropriate structure within 21 days of the Secretary or Secretary General becoming aware of such allegations. This report shall detail the allegations that have bean received or that the Secretary or Secretary General has become aware of, the identity of the member/members with respect to whom such allegations apply and a decision 2s to whether the Secretary or Secretary General shall refer such & matter to the appropriate Integrity Commission. The decision to refer or Nat refer a matter to the Integrity Commission must be reasonable and objective, ‘The considerations that the Secretery or Secretary General takes into account as to whether to refer a matter to the Integrity Commission shall include: a) The nature of the alleged conduct with respect to the Code of Conduct, ‘Conference Resolutions and Decisions of the Structures of the ANC: 5) The extent or frequency of such alleged conduct if itis ¢ minor infraction: ¢} The source of the allegation and the veracity of the allegation; d) The number of independent sources that are consistent with the original source of the allegation: ©} The balance of interests of the member and the organisation in either having the maiter deal in front of the Integrity Commission immediately or be delayed fill some cther process is completed or an imminent event Occurs, as long 2s such delay is not so long as fo be unreasonable; f) The impact on perceptions anc reputation of the organisation resuking {rom the alleged conduct should it be true; 9) Whether any proof other than a bare allegation was provided: h) The role and standing of the member in the organisation or the State: and. ) Specific referral requests by NEC/PEC/REC to deal with maiters that result from agendas or matters arising of these structures. 3.4.2 Integrity Commission (IC) Process 3.4.24 Commencement and Inquiry 3.4.2.1.1 Upon receipt of a referral from the Secretary or Secretary General of a mattor for its consideration with respect to allegations of impropriety by a member, the IC shall commence its process immediately in this ragare,3.4.2.1.2 Within 7 days of having reogived such a referral from the Secretary or Secretary General, the IC shall inform the member of the referral, including the allegations that have been rasec egainst the member. 3421.3 Within 14 days of having received such a referral fom the Secretary or Secretary General the IC shall appoint a Task Team or Investigator, depending on the complexity of the matter to investigate the matier and compile a report containing the available evidence and analysis on the matter 3421.4 Within 21 days of an investigation commencing, the Investigator or Task ‘Team shall submit their Investigation Report to the IC 3.4.2.4.5 The IC shall provide the membor with a copy of the Investigation Report and Fequest that tne member submit their response to the Investigative Report within 14 days of receipt thereof, 54.2.1.6 Upon receipt of the members response to the Investigative Report, the IC shall roview the report and the response and determine whether it is required that oral evidence be led by ary person or persons end if so, shall schedule a hearing within a reasonable time at which the matter shall bo heard. The IC shall also consider an application by the member if they wish to have oral evidence heard. 3.4.2.1.7, The IC shall have the discretion to regulate its proceedings at its hearings in any manner that it sees fit and is appropriate for the nature of the matter under consideration provided that fair regard shall be had to tho rules of natural justice referenced elsewhere herein 3.4.2.2 IC Decision 3.4.2.2.1 Upon completion of the submission of documentation and or the conclusion of the hearing or hearings, the IC shall deliberate cn all evidence and argument heard and received and make a determination as 70 whether: a) The Investigative Regort Identifies crecible evidence of an infraction and the nature and detail of such infraction, or the Investigative Report does not identify credible evidence of an infraction; b) The member has submitied an acceptable exolanation and response to the Investigative Report anc or allegations and as @ result no further action is required 3.42.22 If an adverse finding is made against the member, recommending that the NEC/NWC/PEC/PWC/REC/RWCIBEC should request the member to "Step Aside" or in the event that the member refuses, that they proceed withdisciplinary action against the member, and $422.3 Acvising that the NEC/NWCIPECIPWC should consider suspending the member in accordance with Clauses 25.56 to 25.69 of the ANC Constitution, if disciplinary action is taken. 3.4.2.24 The IC shall then submit their decision to the NEC/PEC/REC/BEC as is appropriate, through the office of he Secretary or Secretary General 3.4.3 Processing the Recommendation of the IC 3.4.3.1 When the Secretary or the Secretary General recaives the recommendation of the IC, they must table the recommendation in their relevant structure. The structure (NEC/PEC/REC/BEC) must then decide how to respond to the recommendations of the IC. 3.4.3.2 In the event that the IC decision does not make an adverse finding against the member or makes adverse findings, but does not recommend Step Aside or Disciplinary Action be taken, the findings musi be presented to the member and an aporopriate publis communication in this regard must be made by such structure. 3.4.3.3 The recommencation, iit includes an adverse decision against a member fecommending that the member Step Aside or face disciplinary action, must be presentad to the member. If the Secretary or Secretary General with the authority of the relevant structure has decided, after due consideration, that an appropriate response is to commence a disciplinary process, the member must be requested to Step Aside, failing which the Disciplinary Action shall commence in accordance with the ANC Constitution 342.4 Should the member refuse to Step Aside, end considering the recommendations of the IC, the NEC/NWC/PECIPWC under rule 25.56 may suspend the member pending the institution of a disciplinary process. A disciplinary process shall then follow in accordance with the ANC Constitution anc with due regard to the member's substantive and procedural rights under South African Law. 4, Conclusion The ANC has committed itself to fight against corruption in sociely and within its ranks, Particularly among its members, leaders and pubic representatives, It has done so in order to defend the unity and integrity of the organization and to ensure that the ANG becomes an even more effective instrument of liberation in the hands of the people. Ascardingly, this fight must be won. These guidelines and procedures form part of the ANC’s arsenal required to win this important fight.ANNEXURE A RESOLUTION OF THE 54™ NATIONAL CONFERENCE ON: ANC CREDIBILITY AND INTEGRITY: DEALING WITH CORRUPTION NOTING: * An inorease in corruption, faetionalism, dishonesty, and other negative practices that seriously threaten the goals and support of the ANC. + That these practices contradict and damage our mission to serve the people and Use the country’s resources to achieve development and transformation. * That corruption robs our people of billians that could be used for their benefit. * That the lack of integrity perceived by the public, has seriously damaged the ANC image, the people's trust in the ANC, our ability to occupy the moral high ground, and our position as leader of society. * That current leadership structures seem nelpless to arrest these practices, either because they lack the maans or the will, or are themselves held hostage by them, * Attimes we do things that are not aecording to ANC or government policy, or not legal or constitutional, and wait for courts to correct our actions. * Our association with, and the closeness of our leaders to, business people facing allegations of corruption * That the ANC is endangered to the point of losing credibility in society and power in government, * That our leadership election processes are becom ing corrupted by vote buying and gatekeeping. + That the state investigative and prosecutorial au-thorities appear to be weakened and affected by factional battles, and unable to perform their func-tions effectively RESOLVES: That the 205 NGC resolutions plus other existing and new measures are implemented urgently by the NEC and PECs to: 1. Strengthen our undersianding of our values, ethics and morality and the demands that the people, the constitution and the rule of laws place on us as the guardians of the state, and its resources: 1010. Demand that every cadre accused of, or reported to be involved in. corrupt_practices accounts to the Integrity Committee immediately or faces DC processes, (Powers of IG under constitutional changes|: Summarily suspend people who fail to give an acceptable explanation or to voluntarily step down, whil i invosti prosecutorial procedures; We publicly disassociate ourselves from anyone, whether business donor, Supporter or member, accused of corruption or reported to be involved in corruption; All ANG members and structures should cooperate with the law-enforcement agencies to criminally prosecute enyone guilty of corruption; ‘Th ANC should respect the Constitution of the country and the rule of law and ensure thal we get the best possitle legal advice in government to en-sure our compliance wnerever possible, rather than waiting to defend those who stray, The ANG deployees to Cabinet, especially Finanse, Police and Justice, should Strengthen the state capacity to success‘ully investigate and prosecute corruption anc account for any failure to co so; Secretaries atall levels will be held accountable for any failure to take action or refer matters of corruption or other negative conduct (in terms of ANC code of conduct) to the relevant structures; Within the ANC nomination and election provess: Ban all slates and enforce the ANC code of conduct and disciplinary procedures. Investigate and prosecute all cases of vote or support buying, or membershio or branch gatekeeping: Implement the NEC resolution on state capture, including the expeditious establishment of a Judicial Commission of Enquiry.ANNEXURE B: RESOLUTION OF THE 5474 NATIONAL CONFERENCE ON: FIGHTING GRIME AND CORRUPTION 9.4 The Conference noted that. @) Coordination between enti-corruption agencies needs stenathening. 5) Cooperation between the invastigators, forensic experts and prosecutors is uneven and consequently some corruption cases are lost due to poorly constructed dockets and cases prsentad to courts. ©) Strengthen implementation of legislation preventing public servants from conducting business with the state. 4) The focus on anti-corruption activities should extend to issues Ike land, buildings, licenses end permits, and provision of government services. ©) Further noted that the current number of police officers on the ground is insufficient {6 the population of the country. The current rato of the number of police officers to the population is 1:350 (conservative). The Conference noted that like many other countnes in the African continent, South Aftica continues to face « plethora of national security threats, top among which is the challenge of cammon crime. The scourge of crime affect the entre nation recardiess of class, race and geographic footprint. fj Further, the Conference noted that there is limited dedicated and integrated iCT capacity and capabilty within the Criminal Justice System in South Africa. Further noting tha: Criminals in South Africa are becoming more soptisticated, This limited Capacity hampers the work that should be done by the various role players in the CJS. 9) The lack of national norms and standards for policing in South A‘rica, h) Turther noted that the current lack of norms hampers planning, budgeting and deployment of resources to service communities. The police population ratio as its stands is inadequate and not alignad to a growing population in South Africa. Policing Needs and priorities are not aligned to new spatial development including the current community end indusiry expansions. i) There is slow progress in the implementation of the Judge Farlam Conference recommendation with regard to the professionalization and the demilitarization of SAPS. Further noting the eppointment of the panel of experts and SAPS Ministerial Transformation Task Team to champion the transformation for the police service in line with the provision of the NDP. j) The FICA review has been finalized and enacted by the President. k) South Africa has the highest illicit tobacco incidence in the region and is listed amongst the{op five illicit markets globally. This not only poses a danger to the health of the nation but ‘alse undermines revenue collection for the fiscus, whilst sustaining criminal Tetworks involved in human trafficking, drugs and violent criminality $.2 The 54th National Conference resolves as follows: #) There should be enhanced cooperation of all anti-corruotion agencies 2) Investigations should 2e inteligence driven and prosecution ed to ensure a hich conviction rate C} Pubic servants including those in the security cluster should be periodically rotated in their areas of deployment so as to prevent unprofessional, overly familiar and frequently corrupt relations with clients, service providers and other persors they interact with ancYor are responsible for. 4d) Government should conduct a vetting audit for all employees of the State across all levels including related entities, @) The vetting process should be expedited for government employees and all elated entities 2 There should be a single vetting agency for the Staio to strategically place public Servants (including State owned enterprises) including those who reject promotion even though it comes with improved remuneration packages. 9) The Deployment Committee policy must include vetting and integrity essessmoni of deployees. A) ANC should take decisive actions against all members involved in corruption including those who use money to influence Conference outcomes. \) Challenge the leadership of the public and private sectors to subject itself to instruments of financial interest disclosure, vetting and lifestyle aucits. J} Increase the capacity of police officers in line with the reality on the ground (ideally 1:150 ) including increasing the number of vehicles and the police k) Community Police Forums (CPFs) must be sirengthenad and adequately trained and resourced. ') The Ministry of Police snould develop norms ard standards for policing. 'm) All new community infrastructure developments should integrate policing end safety plans. 1) ANG branches must ensure that they actively participate in Community Police Forums.0} Reaffirm the S2nd National Conference resolution that, ANC branches are to establish Street Committees and ensure that the matter is a standing item in all BEC meetings. P}AILANC Branch Executive Committees must establish a portfolio of a Safety officer. SLANG should strengthen consequence management system against comrades who participate or found quilty of corruption. 1) Reaffirm the 2015 NGC resolution that, ANC leaders and members who are alleged to be involved in corrupt activities, should, where necessary step aside until their names are cleared. ) The ranks of senior police officials must be reviewed, in order to adequately align functions and responsibilities, {) Reaffirm the ANC policy decision for the establishment a Single Police Service. u) There must be @ closer working relationship between police and social workers, especially for aftercare programmes for women and children whe have been abused. v) There must be mare police visibility in our tourist routes and sites. w) Perpetrators of crime against women and children must be subjected to harsher sentences. x) ANC Volunteers must be encouraged io jcin and participate as police reservists. y) ANC branches in parinership with faith based and other Community Based Organizations (CBOs) must champion Moral Regeneration campaigns in various communites. 2) ANC branches and Local Municipalities must intensify campaigns on the fight against drug and alcohol abuse. 2a) The Liquor Boards must review trading hours of liquor trading outlets in the townships and villages, bb) The Ministry to remain fully accountable as the custodian the South African Police Service. cc) The FICA regulations should be urgently developed and implemented. da) All Municipalities must establish and institutionalze Community Safety forums. ee} Enhance the tole of Traditional Council siructures on community safety and security. ff) Lew enforcement agencies, led by the South African Police Service and the South African Revenue Services must work closely with business end social pertners to eradicate illicit trade in tobacco, liquor and medicine. f the transformation ofATTACHMENT “B" PROPOSED TERMS AND CONDITIONS FOR THE PARTICIPATION OF MEMBERS, ELECTED OFFICE BEARERS AND PUBLIC REPRESENTATIVES WHO HAVE STEPPED ASIDE VOLUNTARILY 1. The Guidelines end Procedures on Implementation of National Conference Resolutions on ANC Credibility and integilly: Dealing with Corruption anc On Fighting Crime and Corruption were adopted by the NEC at its meeting on 13-14 February 2021. 2. Paragraph 3.1.1 defines stepping aside as follows: “Stepping aside means that the participation and conduct of a member. office bearer. or public representative, must be guided by the best interests of the organisation, and the undertakings set out in the Members’ Oath prescribed in Rule 4.16. This may include relinquisting, forgoing, or refraining irom exercising, temporarily or permanently, in whole or in Part, her or his rights, duties and responsibilities as a member, office-bearer, or public representative.” 3. Paragraph 3.1.2 provides that: “After deciding to step aside, the member, offico- bearer, or public representative must approach the Secretary General or NWC, the Provincial Secretary or PWC, whichever the case may be, to inform them of har or his decision to step aside.” 4. Paragraph 3.1.3 provides that: “The Secretary General or Provincial Secretary, NWC of PWC, acting on the authority of the NEC, the NWC, the PEC or the PW/O, Whichever the case may be, may impose terms and conditions to regulate the Participation and conduct of a member, office-bearer, or public represeniative during the period that he or she steps aside.”5. In setting conditions for the partic! pation of 2 member, elected office bearer, or public representative the Secretary General or Provincial Secretary, acting on the authority of the NEC, NWC, PEC, PWC will have to take into account a number of factors: legal and political to ensure thet the best interest of the organisetion is served, Py The ANC Constitution and the Guidelines end Procedures adopted by the NEC must be applied fairly, comprehens vely, consistently, withcul fear or favour, 7. This requires some degree of consistonoy and uniformity in the setting of terms and conditions on which members, elected office beerers, and public representatives step aside voluntarily, or are suspended in terms of Rule 26.70. 8. Accordingly, the following proposels are made, not as rigid rules, but as guidelines aimed at promoting consistency. 8. Terms and Conditions for Elected Office Bearers €.1 During the period that s/he steps aside an elected office bearer: (a) May not carry out the duties and responsibilties of her/his office, (b) May not represent the organisation publicly or in any other forum. {c) May not make public pronouncements on matters related to the organisation. (d) May not engage in the mobilisation of ANG structures, any other organisations or individuals, including on her/his stepping aside and matters related thereto, 2 gt Ee8.2During the peried that a ful-iimo office bearer employed by the organisation steps aside s/he will be entitled to remuneration and other benefits in line with har/his Conditions of emplayment, 8.3The decision by the elected office bearer to step aside must be roviewed by the relevant structure of the organisation every six months. The affected office bearer must update the SGO/PSO on a monthly basis regarding progress with thei case. 10.Terms and Conditions for Public Representatives 10.1 During the period that s/he steps aside a public representative may not: 4) Occupy any executive office (Minister, Deputy Minister, MEC, MMC) or other Position of responsibility in the legislative body of Caucus to which sihe belongs (Speaker, Deputy Speaker, Chairperson, Whip, etc). 5) Represent the organisation publicly or in any other forum, including speaking in the legislative body that s/he belongs to, other then being a member of that body. ©) Make public pronouncements on matters related to the organisation, ) Engage in the mobilisation of ANC structures, any other organisations or individvais, including on her/his stepping aside and matters related thereto. 10.2 During the period that sine steps aside a public representative must: 8] Altend sittings of the legislative body and its committezs to which she belongs, unless otherwise agreed5) Vote on behalf of the organisation when requested to do so. 10.3. 10.4. During the period that a public representative steps aside s/he will be entitled to remuneration and other benefits in lino with hedhis conditions of employment, The decision by the oublic representative to step aside will be reviewed by the relevant structure of organisation every six months. The affected member must update the SGO/PSO on a monthly basis regarding progress with ‘helt case,AFRICAN NATIONAL CONGRESS SECRETARY GENERAL'S OFFICE The African National Congress The National Executive Committee clo: Cde Jessie Duarte ANC Deputy Secretary General Chief Alpert Luthuli House Johannesburg Dear Comrades IMPLEMENTATION OF RATIONAL CONFERENCE RESOLUTIONS AND NEC DECISIONS REGARDING MEMBERS CHARGED WITH CORRUPTION AND OTHER SEROUS CRIMES / SUSPENSION iN TERMS OF RULE 25.70 OF THE ANC CONSTITUTION am in receipt of your letter delivered to me on Wednesday © May, although incorrectly dated 3 May 2921.1 wich to respond thereto as tolioms 1. The lettar is rdcred with procedural and aubstanive detects which ‘09 numerous to dea! with exhaustively at ths stage, but which, amongst others inclu the fallowing: uM 43. 14 Reliance on the incerrect or inapplicable rules ardor resatitions of the ANC and/orin the absence of tie necessary jurlsdiciana! slggering actors; Decisions which are made by the incowect oF incompetent persons andier structures of Ihe ANC who lack the capacity ardior juriediction to de so, the relevant provisions purportedly boing invoked andior reiance belog paces en prowsions which are not yet operational or eff Backcating the purported suspersion so 5 to arifcilly nullify my previous decisions, in paticulor the earlier decision to suspend Cue Ramaonosa idea with below) President: € Ranaphosa Deputy Provident 0.0, Mabura Rotor Chairpecson © Mantishe Secrlty General ES, Magahule Deputy See Senzrat J Ouarts, Treasurer Genera P MistaAFRICAN NATIONAL CONGRESS oes SECRETARY GENERAL’S OFFICE ea ras) shes ite Seowraswa TANG im st 45 Pramsture impien NEC end ¢ Commission ian belore the relevant seocial maciing of ns of tre In ‘ation of the suspen souemimeat of We apsea's Fare in respect of a 1.6 Failure to ator’ the cavor easton shoule rat oe card a8 ke why @ Sus ‘inposedd 1.2 The una inconsistent ansier seeciive avd facbonal s i inconstiutonalty tn rights to vignty, pivaoy, toadorn of association, reputation fer the spectic war ir ina wea the appicabie guidelires: toro" ny alleged falure or “etusal to stag 110. Thetatue sy ary person te arise the requiste discretion to dete ths cusnension ie reveseary ara bes inteest of ie ANC, 412. The falure to implement andin’ teke into ecoount lege! advige giten to the ANC in respect of ta logalty cf the slop-ssice -egime, in paviculer by top egal experts in the nversant with tne sunjact matier ss wel ee the history and the ensttutian af ine ANC is nol ony prejuical But siso erstectng bb the ANC As you uy recall, a cera conclusion, following a lengty enelysia ef the ANC Canstiutan an uth Affioa read 2s talows: the Corsttution of he Republic President CRamaphosa Dupuy Presid DD, Maus Rational spat Sertery Sever Dea, jeusurar Genera: MashaAFRICAN NATIONAL CONGRESS SECRETARY GENERAL'S OFFICE Sa See eee ‘The question jo! the step. asive ragim) coviousiy revetuay oroanet a 9 ent s clas cf a8 the atu i thst # ciseptnaey paces tmaue the AAD Constitutes sv eaune D5 ane te nporsnead Ie tne cf thm letter & euenenson. | here segue taal ster: ion for my tomgora'y i iter aie. upon the dear res ohne ANS, 95 2 aller of geno) as saan as posse sul by ap later than 17h02 or 5 Fatureorespona Lomard by the sforesaid seading ardor srancunce tre inmesiate Ustfiment of the lawiak suspension may quit n ey Peng ton rights a8 2 Constiution ufthe Repubicct ‘Sout Atria without the ne iy of any father prevell ane nek ts rerdated ren ‘The suspension of Gde Cyril Ramaphosa | wish © plase on moeord that f@ your kitwledge ane bolars oven the lati for amy unten ead} taken w Cyr! Ramaphosa form his oficial duties @s AND Present ta fact suspension was writen, | act ert, ha ly as the Sear he decision fo evspend your eter was a dhe oem sinke! amed at tion thet and a elaled attemel st shlsting Cde Remaprosa. rence is rusned and shodey coven! President Ramaphosa Goat resin: 10 sbute atonal Charsrecs Nanse SeeratryGoverc= Sasi Dapety Serta Gone J Drs, Tesi Caneae PtahAFRICAN NATIONAL CONGRESS SECRETARY : SECRETARY GENERAL AFRICAN NATIONAL CONGRESS Friston CRamashesa Duty Pesidart: ED shuns UatoniChsipiraon 8 Nastask Seti tty oe ven JBua, Tease.oo SE] { AFRICAN NATIONAL CONGRESS & OFFICE OF THE SECRETARY GENERAL PROVINCE: NORTHERN CAPE FINAL REPORT FOR REGIONAL CONFERENCE o6™ MAY 2021 REGION: PIXLE KA ISAKA SEME SUB-REGION: EMTHANJENI ‘WARD WO / ean DATES | even [QUALFH i COOB STANDING | Vi i | | | | i | i vorora, | euro | wv fa neat se pare o2 | BRaRoa a os IT aeos / wwe [rsadaiirer a | ae : | ow (oareaL | eAITSTe Taiaines ins sama = a | | Peed ween, - | SUB-REGION: KAREEBERG ‘WARDNO | ‘AUOTEO | CLANED [ATTENDED | NOTINGOOD-STANOING " VERIFi=D TSmANEH STATIS q ae | oe ey i ‘ La [PHB wanteorns Jar e RAR HR RoE iia| SUB-REGION: RENOSTERBERG | THAROR aicw Bares Teves TAUDTED exaaa"TaFiNOED WOTN GOODS 1] TOTAL aoUR4 i wae | “hain raw tie tec oa Fa ea ‘aa SUB-REGION; SIYANCUMA | | | WaRD NE | BeaurDaTES TENENTE ——AUDHTES “TED [AVENGED woTin Goow STANDING | Venwied "oRaNOR STATE | Tort | courant | apm | a | awsae | at d ‘ee aoe LfSUB-REGION: SIVATHEMBASUB-REGION: THEMBELIHLE | ‘a a | A ane TE] aise SUB-REGION: UBUNTU | WaRDROaRTEATE Tere abies "einineD T AFTENGED Norn coseSHaNIG TVERED TBRANEHSTANNS ) ora qoutuM | our Ms a Tame far pirat Penis coun RAEEé SUB-REGION: UMSOBOMVU | / | onto es obs \300.1ANC PIXLE KA ISAKA SEME SUMMARY REPORT 0 seems — BEVERIEIEDSg 40 AFRICAN NATIONAL CONGRESS é=: | OFFICE OF THE SECRETARY GENERAL hie PROVINCE: NORTHERN CAPE ' | FINAL REPORT FOR REGIONAL CONFERENCE os™ MAY 2021 REGION: FRANCES BAARD | SUB-REGION: DIKGATLONG ons TBoecren Poni —] WSTTTRSOD IANO | Ent ARAN ATES) fora | quosun *ATTENDIO ovat sir | 2 | es Qe oblos\aax"RUBS eects vont Foret” ono Ser | | _ ee api fae ae RE | coum fovea is i og abs eee | nro, a | a waa” geome ae eT] barn ed oo i SUB-REGION: MAGARENG "Tweed | ean TaENGED ‘ind | skal aiUe sora courts ovine | messi faa | oo a fev Ropar} |c . | WARD Wo T ween bates TeviNTs Trova sur [REQUIRED [arTENOED aE i - Heownunry i SUB-REGION: PHOKWANE (OT Gos: TERED ANE SvaNciNg | QOURURE uaimnss | gourune = | | swnarion ais) | (aseraurceot on utter o ‘spars lau — s era ais Ter sharma ee a obfos\peyx er 7 c| SHARD NS iow antes Fev ae ree Ce ‘YaGbineo” | ciao Mise 5 Tikes | wean iat QUALIFYING COURUM. sTaNpIng—qourune | | a ena wion aman F = |ae eae i | aoa wysne f |f | Wala sei oars] ees auc eines ai TTA oral a0uRUN, aise estate au\ & oo ANC FRANCES BAARD SUMMARY REPORT TENTIAL BRANCHES oT 70% BRANCHES TO BE VERIFIED. RAN VERIFIED [BRANCHES QUaLiniED UBRANCHES DiSQU [BRANCHES NOT velAFRICAN NATIONAL CONGRESS DEPARTMENT OF INFORMATION AND PUBLICITY Chiet Albert tutha tose, O° Hoer, 54 Finely, Johennweburg 2607 P.O. Taz sare reo F274 x 61884, merstalliwn 2207 76 1000 www aie 1917 049.20 FOR IMMEDIATE RELESE 10 WAY 2024 ‘CLOSING REMARKS EY PRESIDENT CYRIL RAMAPHOSA TO THE ANG NEC MEETING ‘OMAY-10MAY 2021 Naticnal Chairperson. Cao Guede Mantacha, Former President Thabo Mbeki, Forrror President Jacob Zuma, Memoers ofthe National Executive Commitee, We have now come tothe end ef an imacctent meeiing for our movement Altrough we had to deal wih vary dffcutiasues, this reeting has restirmed our shared comnitmentto the process of renewal and rabuiling. IMPLEMENTATION OF PRIORITIES FOR 2024 ‘AS we noted on the cpening day, thie NEC meeting coincides wih the 26% anniversary of the adopsion of our demccratie Constitution by the Gonsttational Assembly ‘The meting recalled that the values and objectives onchrined in the Constittion fird their genesis n the Amcan Cline Fresdon Charter ang ether seminal texls af our movement ‘The ANC thorofors hae a histercal responsibil t respect, uphold and acvence our county's Consttution, Members of the ANC are expected to live according to the valuns of social justice, repect fer humanly, equelty, selfiess ‘service and adherence to the tue of law ‘The NEC reaffirmed the ANC's commitment to edvance the objectives of the Constiution to buld @ united, non-racil or-sexst, democrat and prosperous South Altea, The NEC thorofore reltereted the foremestororties of he organisation for 2021: Firstly, act togete with all South Africans to defeat the COVID-19 pandora, Secondly. to place cur economy on a path of renewal and recovery Thirdly, to forge heed wit the fundamental renowal of tho ANC inline with ts core mandate and values Fourthy, te strengthen developmental and paticipatory local goverment, and achiove a decisive win the ypooming local {government sections, Fly, to build a beter Afica and a better world DEFEATING Covin-19 ‘Tho NEC applauded the continued dedication by those on the frontine in the ight against COVID=1 't.commenced South Africans for thei eantinued adherence to prevention meesures, a’ in laking tespensibilty for thelr own heath and he heath of ones, ‘The meoiing noted worrying signe of esesleting infectons in some areas, and the reed for society to remain viglant to preventa 5. devestating thi wave cf infections. z s PRESIDER ‘DEPUTY PRESIDENT —MATIONALGHADIPERSON SECRETARY GENERAL DEPUTY SECRETARY GENERAL TREASURER GENERAL CM Raranhoca DD abuse OMantashe ES Magasnule WV Quarta P teashatio rite GuHGNG / Facabeats e888 entagrons Supoes Woutebs gtsThe meena welcomed the report on the seccnd phase of the Allance's COVIO-19 campaign. Thie carmpeign encourages facherence to the public health protocats, especialy wearing masks, Social distancing and hard hygiene: and we call on all culls in South Afi fo participate in the mass vaccination carvnaign that will begin dusng Nay 2024, We ccaffimed postions adopted ai previous meetings and by the Allance that South Africa needs to seek vaccines and lieatment from all available scurces, incising BRICS parmers, and that this shoulé ke undertaken in confornty with cur countrys laws ard regulations. Wo have welcomes the intiative by Scuth Afrce and India to fight for @ TRIPS weiver at the Werle Trade Orgenisalion go that there is equitable access to COVID vaccines. This proposel is now supported by the World Health Organisation. the Afican Union and more than 100 countries, including the United States ‘We wil contrue engaging other countries that ae sil relustentto offerthelr support to 2 va ‘Ws wil aloo continus » premats @ perrAfican approsch to fighting the pandemic, cusing access or the contivent to sufficent vaccines and capacity ta produce is own medial equipment, madicinas and vaccines. ine patents waiver ACCELERATING TRANSFORMATION AND BUILDING A CAPABLE STATE On land reform end radiatribution ‘As part of ts cormmitment t tackle the histoncal Injustice of land dispossessian, the NEC had a discussion on the process cf amanding Section 25 to explicitly make pravsien forthe expropraton of lend without eampensation, “Ths fs Informed by the drection of our Natienal Conference thet land reform must take place in @ manner that strengthens the economis growt: and significantly tactlas equally, poverty ang unemployment. ‘The NEC welcomed the progress thai has been made inthe Patlamantary proseee and urged goveinment ta beater resources agriculture sector, improv ‘end capacty to efect land reform enc resttution at e taster pace. Local Government Local government remains 2 key sphere of goverment, and inthe centext af the Distriet Dos to stengthen its capacty to meet its obligations to communities, to deliver basi¢ services, to ensute pocular participation in ocisionnaiing, and to dive leal acanamic development. ‘This snculd also enable empowermert of cooperatives and SMES, the empowerment of women and youth, and the promation of sills development Jooment Medel, we rust continue ‘Given the erica role ofthis sphere, the ANC has revitad and adopted guidalinas forthe selection of candidates, which allows {or the best candicates to emeige with the support at local communities. We have stressed that all ANC members and stuctures must ensure that we ere deliberate in selecting candifetes wits te necessary capacities, experiance and skills ‘These candidates must be the ernbodiment of hard woik, servive ta the people and ethical conduct ‘This NEC has stressed the importance of the principles of continuity, gender aqualty and the representation of young people. UNITY, RENEWAL AND THE STATE OF THE ANG ‘The Special NEC mesthg discussed in Getall the state and cohesion of he organisation, nated with deep conoam the continued factional divisions and divisive public pronouncements. which give the impression of an eeganiston nats e*" ie mt SMONS 7 tecebook: a6eANC EI Tee ee ee ee aes “ #¥etheRenewalFundlamentel to these chalengus is the cntcsl process of implementing the mn unity of principle and uniy Fy acton, combined wi dale of the 64% Natoral Conference to build the tack of ensuring organisational and societal renewal |Atthe same tin the meetng recognised that the work ef the ctaznisalion is corticuing, Contiary to impressions srsated in some public dacourse, the work of the organisation is cantinuing, Since the last NEC meeting, over 2,000 Branch general mestings have hesn hald, and regional conferences have started Lesal structures end regions are aiso continuing the campaigns against COYID~19, as wel as othar organisational programmes and carnpaicning for by-elections. AS tis leadership, we have recommied ourselves to the mandate of tie 64" National Conference ta restore the unity, renewal and integrty of the ANG, despite the very dificult ard complex challenges ofthe cuvrentoerioa bn the spirt of crtssm ard seft-cticism. we relactad on the way wa werk and on our conduc! as NES menibers, We egraed io achere to organsstional protavols and practices, including callecive leadership. the promotion of unity and ‘anawal and tic adherence ta the ANC’ canmurications protocol ‘We have agreed to hold 2 retreat as soon as conditions pemit to addiess varying perspectives among the leedership snd ovalop a practicl ection plan te stengihen the process of urity and renewal Members of the NEG have expressed cancer about a concerted and welhrescurced campaign to sew dhision and contusion in ‘the ANC, with the ultimate aim to destroy the movement as an instrument for progressive transformation and change It noted that this campaign is actively aided by a fow individucle from within the NED, through leaks, deviant pubile pronouncements, aratests and misinformation on social media. ‘The NEC agroed to teke Urgent steps to investyels the leaks fom the NEG and any organised campaign to subvert the movement ard io take aparapiats action Implementation of stop-aside guide and procedures Curing this meating, we received # report from the Natoral Working Commies an the imglementation of the resolution that all ANE members indicted for soruption and ether serious crias should step ecise oF be temporeriy suspanded pending the ‘Mnaisaton oftheircase, ‘The report indicated that. inline wit the decsiane of the NEC meeting of 26-29 March 2021, a number of ANG members had stepped aside and others had heen se-ved with nctces af susrersion, ‘Those include our Sesretery General Ace Magashule and! NEC membar Bongani Bango, This meetira has confirmed tha terms and conditions for elactad office bearare and public reproeertatives who heve stepped aside or temporarily suspencee. ‘These include that during the ctop-seide period, auch an indviduel may not + camy out the duties and responsbiltes oftheir office represent ihe organisation publidy orin ary other forum rake pulble prencuncemanis on matirs raleted to he organisation: * engage in the motilisation of ANC structures, any ether organisetens ot indivietls; During the step-asie period a public representative ay not occupy any executve ofice or other postion of responsibilty inthe legislative to which they belong During the step-esise period, they wil be erdtled to remuneration ard other benefits, ‘The decision to step aside muc! be roviewad by the relevant structure of the organisation every six months. ‘The NEC confirmed that in the light of the temporary suspension of the Secretary General, Deputy Secratary General Jessio Duarte wil, in accordance with the ANG Constitution. “cary out the furctons entrusted to the Secretary General by the National Conference, the National General Counc, the NEC or the NIVE..* Present ‘DEPUTY PRESIOEWT —MATHOHAL CHAIRPERSON SECRETARY GENERAL —DEPURY SECRETARY GENERAL TREASURER GENERAL GM Ramapioss OD Nebuza @Meniasha Magasnule BY Duane Teitar QUNE / eran isn“Members have condemned tte unwastarted attacks on the Deputy Secrstary Ganaral and ANG steff merrbers at Luthull House for esriying out decisions of the NEC, NVIG and Oficals, ‘These atiacks have taken the form of teats, ineuls, unfounded allegations ene isifoimaton We have also noted with great concer death threats made egeinst the ANC NEC Coordinator Cale Anctice Nel, ard agroed thatthis bo roported tothe relovent authartes. Tre NEC reafinns its fll confence in the Deputy Secretary General, and auopors her in ceryng eut her culls as per the ANC Constiuton, ‘The NEC discussed the ‘latter of suspension’ writen by the Secretaty Genera to the President, for which the Secretary General had 0 authority or mandate irom any structure cf the movement, The NEG agreed that such conduct wes completely unacceptable and a flagrant violation ofthe rules norms and values of the ANC The NEC furthermore instructed the Offcils to adv members within a ast imeFame. ithe fait the Secretary Genoral to apologize publicly to ANC structures ard do.89, the ANC willinsttute iscininary procedures in accordance with the ANC Constitution, Commission of Inquiry into State Capture This meeting also discussed the ANC’s submission to the Commission of Inquiry ino State Capture The ANC reaffims its supor for the work ef the Comission and its role in datermining the nature and extant af state capture, ‘and of folding those resporsivle te account, While the ANC has come under grect serutiny at the Commission we believe that this i a necessary part ofthe natonal efort ‘o end state capture in alts forms and ensure that it can never happen again Update on BEGMs, Regional and Provincial Confarances We must aporeciate the work by ANC siructures # convene Branch Beriial Generel Mestngs ~ or BEGMs ~ where rew brancn laadershipis elected, (ver 2,000 of those mestings have heen held ené the process is ongoing, ‘This is the fist ive thet the majority cf BBGMs are held on the basis af the new membership systern nile thete have teen some technical gitches, the system has helped to protect the integrity of the movement's key cxganisstional processes. Local Government Elections Campaign We should welcome the tireless wort berg done by cur local goverrment elections teams at all levels on by-elections and Preparations forthe forhcoming electian campeign While we must welcome the advances in sorre y-elacions, where the ANC won wards fiom the cppostion, we must aise recognise tat theve were areas where the ANC lost some ground We krow that ctizens and communities expect decitie action to renaw the orgenisation and, eriealy, to address delivery challenges attictng many localities, ‘The ANC will contnus to eerrect thoes woaknescas, enc tke measures 12 prevent the rent falures from caityhg over into the future This reletes voih to policy content, implementation mechanisms and the seleston ot apprepriats community leaders and activists as candidates in the ANC lis. PRESIDER DEPITY PRESIDENT NATIONAL CHAIRPERSON SECRETARY SENEAL DEPUTY SECRETARY CENERAL TREASURER GEKERAL CM Ramzpnose 00 Mebuza G Mactashe ES Magaarute 2¥ Duane ® Mashatie Tele OGG 1 Facaheaks 2646 ESET Dee ee ae eR EE wBetheRenewelNational General Couneil This meeting has noted the countrywide discussions on the Natonal General Courcil discussion documenis. and urged that ‘hese be corsclsted at branch levels, so that the contributions can ba pracessad for submission to netienal structure. The NEC mandated the Secretary General's Oce to prepare a comprehensive repo to the NEC, with proposais regasdina the nature, form ard timing ef tha NGC. This must taKe into account tne limitations imposed by the COVID-13 pandemic, the local government elactions campaign, and the need to hold « National Policy Conference defor the next National Conference In December 2022, Free State In light of the Rarmaksisa ve ANC judgemn: uid @ united and vibrant ANC in the Free Stat, \We need to intensity tha efforts being led by Cce Kgalera Metlantne to achiave ¢ polical solution. To avoid 2 political vacuum in the province, we have trereiors mandated the NVIC to esteblish an inclusive inti structure to take the province to an alacive conference in due course, ‘we have agreed that piovity must be given to pursuing a polifeat solution that will Integrity Com n Reports ‘The NEG adopied 2 number of reports from the Integrity Commission and recommencatons as presented and furher noted where appeals have been lodged. ‘The NEC urged NIVC and the Officials to ensure speedy processing ef the appeals ANCYL National Youth Task Team ‘The NEC woleemad the report thet the newly appointed National Youth Task Team has started is work towards Sulting & vibrant ANG Youth League that champions the interests of young people and as a preparatory schaal for new eadcee of the ANC. Itfurther noted processes ta strengihen the Progressive Youth Aliznes in dealing with mattore affecting yeurg people, incising ‘nang ot higher edueaven. ‘The NEC Noted work in progiess to ensure that all NYTT membera meet the age requirements of the AND Youti League Corstrution, which is that they srould be below 35 years of age, 'AINEC members and other leaders were urged te support a wbrant anc active League, ‘Task Team on Mpumalanga Violenco ‘The NEC noted and adopied the report of the National Dispute Resolution Commitee led by the Deputy Secretary General into the vilenoe at BBGMS that broke out nthe Enlanzeni region in Mpumalanga, Nkcmaz’ subraglon watds 4 and 32, ‘The NEC noted the progress mad by the task team led ky sda Zwolf Mkhize to further loakcinto these and previous insiderts of votence li authorised the NEC daployace tothe province to refer matters af serious misconduct fo he National Disciplinary Commitee, ‘and to ensure cooperation with law enfarcement agencies with respec! te criminal matters “The NEC agreed tha, except forthe Nkomaz’ subvegion, branches shauld resume BEGMs and BGM in May 2021. so as to do vay with carl structs ard branches e ae essai Ee SEGREIARY GENERAL GEFUTY SECRETABY GENERAL TREASURER GENERAL hae JY Duss P Noshatile PRESIDENT DEPUTY PRESIDENT NATIONAL CHARPERSON OM Ramantosa DD Mapua G MantaaneNorth West The NEC expressed oncom ragading the ongoing instobilty in the Noth West art! tne Impact that ths Is havig on organisation, governance and sence delivery, { reiierated the dovicion of the NEC mecting ef 26-28 March 2021 that the Inte:im Provneial Comittee must continue to Jischarge tha mandate clven tot by the NEC in accotdancs with the powars that thas in arm ofthe ANC Constitution, Unity of BK veterans As we approach the 60" amive'sery ofthe tounding of he people's army Umnento we Szwe, We are deesly conce:ned atthe slow progiess in convening a untied conference of ts veterans. We have agreed to esiablish an inclusive commitee to start preperations for an appropriate celebrations of the 60" enniversary of Umkhonto we Sizwa in December 2024 ‘We supaor ihe Deputy President and the Deputy Secretary General inthe processes they laad to unite former MK cembstante, and eallor the MK Miltary Veterans Associaton and MK Council cooperate ‘Addressing patriarchy and misogyny ‘The ANC Women's League has raised the existence of gender-based discrimination and misogyny in our structures on saversl We need to sive further consideration to this matter so we ersure al farrala comracles erioy fll petcipation in argansational lite. ‘Support for the rights of LGBTOI persons ‘The ANC retierates our compte support fer tha righis of LGBTQIs porsons ard condemns hate crimes ageinst this communty, No-one has the rightto discriminate againet er atiack anyane hated on heir sexual orleaton or gerder idently. Parent rise of inci¢ents of al ‘The NEC welcomed ihe reporton the Aance Poltical Ceurcil held since the last NEC meeting, It noted work in progrese cn tho matter of non-rading holidays by the Departrent of Home Affaics and urged om continue engegements wih the Aliance on the issue ofthe public saciar wage negotiations, BUILDING A BETTER AFRICA AND WORLD Mozambique ‘The NEC supports the initiatives by SADC to assist Mozampique (0 resolve the contlct in the province of Cébo Delyado and further encourages party to pary angagemen’ hetween the ANC and Frelimo, Sinn Fein ‘The NEC welcomed the precess to strenathen the bonds between the ANC and Sinn Fein and furher pladges ta deepen ‘commmunization, sharing and exchanging exaerise on various Issues. e> ee PRESIDENT DEPUTY PRESIDENT MATIONAL CHAMPERSON SECRETARY GENERAL DEPUTY SECAETARY GERERAL TREASURER GERERAL GM Ramsprosa DD Mapua GMantesre ES Mazashute JY Duets F tlashatila Terlter GANG / Facabeaks 6y3\: Ee eee 29 #betheRenewel‘cube ‘Ths NEC resolitly reiterates its solidarity with Cua and reaflrs its demand for an immediate end te the blockade and the wanton aggression against Cubs ‘The NEC cals for further strengthening of blsteral relations batwaan our eounivee, Palestine ‘The ANC rostfims eur evppert for tne people of Palesine in ther struggle tor freedom and selfdetetminetion We repeat cur condemnation, in tie stvengest possible terms, of the unlawful evieone of Palestinians irom their homes in Shei al Jarrah anc the brutal attacks on Helestinian prctestors at Al Aqsa Mosque and the Dome o' the Rook We reiterate that the expansion of sotloments by Ise! has already been condemned by the United Nations and urge the International community to stop lsreel from expanding ts illegal cocupation af Palestrian lands and peaparty Western Sahara ‘The NEC reatfimns cur cemmimment to trangthen and intensify South Africa's support for the Saharawi people in their quest for seltdetermination. We call on the progressive movement wih the contirent and the international community to ascelerate its efforts in this regara. Conclusion Iie apparent from al the reports we received in tis meeting hat the work of the ANE is proceeding despite our internal and external challenges, ‘We need tobe mote pre-actire In cernmunicating hese agpects of ANE life to counter his false imorassion of sn ANC on the verge of catapes, \We must remember thatthe ust and support ofthe South Africar peanle enould raver boon taken for granted For as long as we are divided 3s 2 sderstlp, or as long we fall to act against corruption. and unless we put the needs-o! cur people fist, we willstiuggle to more the eractolity of tho ANC. The people of Soutn Atica are looking to this lesdership to provide direction, te dacsively respond ta the challenges in the ourtry, and to accalerate the radical economis and social ransforation of our sockty ‘This NEC meeting nas provided a frm founcation for this work ‘Our iack now is ta build on the progress we nave rrace and Tul the expectations thai our people heve, | hank you. END lesuied by the African National Congress National Executive Committee Enquiries Pule Mabe National Spokesperson o71ez34875 Ge PRESIDENT DEPUTY PRESIDENT NATIONAL CHAIRPERSON SECRETARY GEREWAL DEPUTY SECAETARY REWERAL TREASURER GENERAL cm Remspnose DD Mabuza 6 Wanteshe FS Magasvvis BY Ousne P Mastsi Teittors QUVONC / Focaboeks: Biante ‘sBathaRonowalAFRICAN NATIONAL CONGRESS SECRETARY GENERAL'S OFFICE (hie lbertLuhat House & Sever Sie forarcesbug 2001 0 Boxe tase arsalian 210? RSA Te: 2.1376 1080 Mebae: won ancoreza Cde ES Magashule Secretary General African National Congrese Dear Comrade Magashule, “LETTER OF SUSPENSION” TO PRESIDENT CYRIL RAMAPHOSA / REQUEST TO WITHDRAW AND APOLOGISE The NEC meeting cn 8 - 10 Mey 2021, discussed your go-calied ‘letter of suspension’, dated 3 May 2021, to President Cyril Ramaohesa, for which you had no authority or mandate from any structure of the movement. The NEC agreed that such conduct was completely unacceptable and flagrant violation of the rues, norms end values of the ANC. The NEC furthermore instructed the National Officials to advise you fo withdraw your purported ‘letter of suspension” to tha President and to apologise publicly to ANG structures and members within a set timeframe. If you fail to do so, the ANC wil institute disciplinary procedures against you in accordance wth the ANG Constitution. Accordingly, you are hereby requested to withdraw your purported ‘letter of suspension” to the President and to apologise publicly to ANG structures and members within 48 hours from the dete of this letter. Yours Comradely, 4 ania Rome hee Duarte PUTY SECRETARY GENERAL AFRICAN NATIONAL CONGRESS Dae: 12 [3] 9.021 smaahosa Deputy Presiden: D.O. Nabuza National Cheipsrsan: @ Mantashe Secretary Ganoel: £8 Maceshelo Deputy Secretary General: J Duarte, Treasurer-Seneral P. MashaileAFRICAN NATIONAL CONGRESS SECRETARY GENERAL'S OFFICE ul House Saver Se: oamesbup 2001 FC Box BTBBH Waeta-own 2117 RSA 75 1000 Webs: wv encarze Cdo Jessie Duarte 12 May 2021 ANC Deputy Secretary General Chief Albert Luthuli House Johannesburg email; jessie.duarte@outlook.com Dear Comrade Jessie Envisaged court application and response to the “apology” instruction am in receipt of your letter whieh you handed to me at 16h10 today, 12 May, for which 1 thank you. | have also read the ANC President's closing remarks to the NEC meeting held on 8 to 10 May 2021, | further refer you to my review application sent to you dated 6 Nay 2021, which | assume you did table at the meeting, as specifically requested therein, The purpose of this letter Is to address two issues which are dealt with in the President's closing remarks and which concem me directly: The NEC’s confirmation and/or accompanying conditions 1. The document states that the NEC meeting: 14 “has confirmed the terms and conditions for (sic) elected office bearers and public representatives who have stepped aside or (sic) temporarily suspended’; and 12. “the NEC_coniirmed that in the light of the temporary suspension of the Seorstary-General, the Deputy Secretary-General, Jessie Duarte, wil, in accordance with the ANC constitution, ‘carry out the functions entrusted fo the Secretary-General by the National Conference, the National General Counc#, the NEG or the NW" (my emphasis). E? . Pan aretont Coy Pein: BD Nat RaoaChipran Hae Seetay Gen ES Megs EE Deputy Secretary General Duarte, TreasurerGeneral: P. Mashatile