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Ace Magashule rides through the streets of Bloemfontein, greeting supporters, after his appearance in court on corruption and money laundering charges. Photo: Felix Dlangamandla
Instead, the general secretary of the party has a higher authority over the Integrity Commission.
As he tries to become president of the ANC at his next elective conference, still scheduled for 2022, the party’s general secretary, Ace Magashule, will not step aside any time soon.
Magashule has been charged with fraud and corruption related to his tenure as Prime Minister of the Free State and supervisor of the asbestos roofing contract worth 255 million rand. According to the party’s 2017 ethics resolution, you should now step down from your role after a December find by its Integrity Commission.
But he has held firm ever since and a set of stepping-aside guidelines, developed by a legal committee, favor him to remain in office. The guidelines were first reported by City press and reveal that Magashule’s office has been given massive power to decide how, when and whether or not members facing charges step aside.
The guidelines also dilute the previous authority of the Integrity Commission (the graphic below shows how). While the commission had the power to convene members, it now appears to have been taken away. The secretary general’s office will conduct a 21-day investigation before deciding whether to refer the matter to the integrity body.
And while the party’s resolution was clearly framed (any cadre facing an embezzlement or criminal charge had to be removed from office), the guidelines have introduced new steps to make it more complex.
There must be independent sources; the balance of interests of the accused member and the organization is taken into account; the perception and reputation of the ANC must be taken into account and the burden of proof introduced.
Previously, the resolution placed the burden of proof on the courts, now it falls on the integrity body. In addition, the guidelines introduce new procedures for the commission, which has its own terms of reference and has operated with a certain degree of independence and at arm’s length with the party.
The guidelines state that commission reports must be based on “credible evidence” (disregarding media reports, which have been a measure thus far), they must take into account a member’s acceptable explanation (it does not say who determines what is “acceptable”), and must be issued through the general secretariat.
Magashule is furious at the commission’s December report, which concluded that the party’s national executive committee (NEC) should order him to step aside. The commission distributed that report to individual NEC members rather than funneling it through their office, so the guidelines ensure that all reports can only go through it in a control assertion.
Magashule’s campaign, revealed during his court appearance on February 19, shows that he will not step aside even if ordered to do so. His supporters said on camera that he would only walk away if the branches told him to. And that appearance in court shows that he will make a candidacy for president of the party.
This video clip tweeted by Tebogo Khaas is of supporters surrounding Magashule as he takes a drive through Bloemfontein, his stronghold, after his court appearance, standing through the sunroof of the car. The song is a song of praise from the ANC to “my president.” It’s a clear sign that rumors about his presidential plan are now out there.
– Tebogo Khaas (botebogokhaas) February 19, 2021
The Integrity Commission is a body of elders that was destined to exercise moral persuasion and a call to what the party calls revolutionary conscience to guide the action of its cadres.
The new guidelines require you to conduct investigations, use legal evidence laws, and institute the burden of proof used in court before members step aside.
You do not have the funds or the capacity to do so and therefore could be left powerless. As Stephen Grootes explains here, Judge John Hlophe’s decision that the case against ANC MP Bongani Bongo had little chance of success has also confused the prospects for implementation of the waiver rule.
ANC spokesman Pule Mabe did not respond to repeated requests for comment. DM
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