Just weeks before the ANC is set to hold its national elective conference, the governing party has fired another salvo at its outgoing secretary general Ace Magashule, with a possible expulsion on the cards.
This has resulted in a battle between Magashule’s legal team and the party’s national disciplinary committee chair, Ralph Mgijima.
Magashule has been ordered to appear before the committee on Monday on charges related to the letter wherein he suspended the ANC’s president, Cyril Ramaphosa, in May 2021.
He has been charged with three counts relating to bringing the party into disrepute.
Magashule advised his ANC representative, former treasurer general Mathews Phosa, that he would not be available for the virtual meeting.
This led to a tense exchange between Mgijima and Phosa, with the latter sending a stern warning that should the hearing continue in the absence of Magashule, the outgoing secretary general’s rights would have “grossly, patently and intentionally been violated, which will lead to an abortion of justice not intended by our Constitution”.
Phosa said Magashule communicated that he was not available for the 7 November hearing, but this was rejected by Mgijima who, in correspondence with Phosa, advised that the hearing would proceed as scheduled, refusing to entertain a later date.
Phosa said Magashule would advise him on his next course of action. He warned that should the committee convene its hearing without Magashule’s knowledge, “I will not continue to act for him, as I would be legitimising a process which I submit with respect, would be deeply flawed in the circumstances”.
In the charge sheet dated 21 October 2021, which Mail & Guardian has seen, Magashule is charged with having committed three transgressions.
The first count accuses him of contravening Rule 25.17.12 of the ANC’s constitution by undermining the respect for or impeding the functioning of any structure or committee of the party.
“On or about 3 May 2021, you wrote a letter to the president of the ANC, unilaterally suspending him, purporting to have the necessary authority to do so, and doing so without consulting and obtaining the necessary authority to do so from the officials, the NWC [national working committee] and NEC [national executive committee] as required in
terms of Rule 25.6 together with Rule 25.70 of the constitution of the ANC, thereby undermining the respect for or impeding the functioning of any structure or committee of the ANC,” the charge sheet reads.
The committee submitted two alternative counts. The charge sheet states that Magashule made “unsubstantiated allegation” in his letter suspending Ramaphosa by accusing the ANC president and the CR17 campaign team of raising money for his election.
The second alternative charge accuses Magashule of having contravened Rule 25.17.17 of the ANC constitution by making an utterance which prejudiced the integrity of
the ANC and its operational capacity by creating divisions within its ranks and
undermining its effectiveness.
The second charge relates to Magashule’s refusal to publicly apologise for suspending Ramaphosa.
“A letter containing such a directive was given to you personally by the deputy secretary general [Jessie Duarte] at 15h00 on 12 May 2021. Your said failure, refusal or neglect to apologise constitutes misconduct,” the charge sheet reads.
Magashule was temporarily suspended from the party in May 2021 after he refused to step aside from his position. He faces corruption and fraud charges related to a R255-million asbestos tender in the Free State.
The former party heavyweight has been fighting for his political survival. His hopes of remerging as the party leader were dashed in July when the ANC policy conference opted to strengthen the step-aside resolution instead of scrapping it.
Prior to his suspension, the former Free State ANC chair was touted by his faction as a possible candidate to go against Ramaphosa in the December conference.
