Draft amendments to the membership chapter of the ANC’s constitution put a fine point on probity, proposing to bar anybody who has been found guilty of unethical conduct or an offence that carries a prison sentence without the option of a fine from joining the party.
The grounds for exclusion range from a conviction for murder, rape, armed robbery or drug trafficking to deliberate failure to pay child maintenance or alimony.
In its amended form, rule 4.3.3 of the constitution would automatically exclude aspirant members who have been found guilty in a court of law of “any other offence containing an element of serious violence” or any offence that may lead to the person being listed in the national register for sexual offenders.
The same applies to anybody guilty of “any offence involving physical violence or abuse relating to women, children, disabled or LGBTQIA persons”.
The ANC’s ranks have in recent years grown to well over a million members but as the numbers did, so have concerns about the calibre of those who join its branches.
As the ANC heads to its elective conference in December, where the proposals will be debated, a rethink is critical to those trying to salvage the renewal drive promised by president Cyril Ramaphosa, but undermined by those hoping to prevent him from securing a second term – and by the recalcitrance of allies implicated in wrongdoing whose support he cannot jettison.
The subcommittee that drafted the amendments was chaired by Justice Minister Ronald Lamola, who is one of the most enthusiastic proponents of renewal and is seeking election as deputy president of the party.
*All of the amendments are premised on the view that the renewal process in the ANC needs to be given substantive meaning. In a sense, being deliberate about the type of individuals who are eligible to prosecute the vision of objectives of the ANC is a necessity,” Lamola told the Mail & Guardian on Friday.
He said those who drafted the new rules did not know how many people risked losing their membership if these were adopted next month.
“It’s not a consideration.”
At present, the constitution opens membership to all South Africans older than 18 who accept the party’s principles, policies and programmes and are prepared to abide by its rules.
The amendments aim to bar anybody who has been found guilty of an offence involving dishonesty of a serious nature, deemed so either because of the sum of money involved or because the money was destined for a project catering for the marginalised in society.
They furthermore propose that it should be an aggravating factor if the perpetrator “is or was an elected ANC leader or a public representative or a civil servant or a person in a position of trust or authority who is or was an ANC member”.
Asked if this should be read as a response to state capture, Lamola said: “It’s a response to all types of malfeasance which has come to be associated with ANC members.”
The amendments propose that anybody who is refused ANC membership be given one chance only to appeal to the party’s national executive committee. The resulting decision of the NEC will be final.
Those who can join will have to undergo an induction course and receive a certificate of completion from the provincial executive committee, according to one draft proposal. An alternative proposal is that aspirant members undergo “basic training” at the OR Tambo School of Leadership. The same will apply to current members whose membership is up for renewal.
Those joining the party for the first time will be considered provisional members after their induction or training, and will be entitled to permanent membership after two years of proving their commitment by working in branch structures, according to the draft document.
