[ad_1]
By Staff Reporter 
2h ago
The ANC’s National Executive Committee (NEC) meeting on Sunday was once again dominated by infighting between the two factions. In a virtual conference designed to discuss the renewal of the party and preparation for the 2021 local government elections, the first session was overshadowed by legal opinions on whether ANC Secretary General Ace Magashule should resign after his arrest last month and ANC NEC member Pravin. Gordhan’s admission that he was part of the creation of the controversial criminal unit Sars.
Magashule supporters did not spare Gordhan, calling on Ramaphosa to dismiss Gordhan with immediate effect. NEC member Bongani Bongo was again the most vocal.
“Why don’t they fire Pravin? Any confession by a rogue unit is illegal. In any other country he would be arrested. But people will be arrested for lack of supervision when those who are not arrested,” Bongo told Ramaphosa.
In August, ANC President Cyril Ramaphosa drafted a letter telling members who had been indicted for corruption and “other serious crimes” to immediately withdraw from party leadership positions, the legislature and government pending completion of their cases. However, Ramaphosa faced a battle because his close ally, Speaker of Parliament Thandi Modise, is facing a criminal after he allegedly abused and starved the animals on her farm.
After his appearances before the Bloemfontein Magistrates Court, where he was formally charged with fraud and corruption, Magashule defied the call to step aside, telling his supporters that only the ANC branches that elected him had the prerogative to tell him that step aside.
Ramaphosa supporters are said to be mobilizing to get Magashule to step aside, but if that happens, Magashule’s support base will request an early conference. A source from the NWC (National Labor Committee) told Independent Media that if Magashule were removed, the top six would collapse.
“If Magashule steps aside, we will have to go to an early conference to decide on new leadership. SG was chosen as part of the structure. There has never been the election of just one SG. If Magashule is not good enough “We will elect a new leadership. In the same way we did in Nasrec”, revealed the source.
With legal opinions already presented to the NEC, it is expected that the body will decide in the next few days the way forward.
In his legal opinion, defender Mashudu Tshivhase said that if any structure required the removal of any of its elected leaders, the views of the individual members who elected the leadership of their choice could not be easily ignored as this was not a master relationship. and servant or employer. and relationship with employees.
“The ANC NEC should consider obtaining the views of individual members and / or the branches that nominated and elected any leader, which according to the other members of the NEC, hold the view that such leader needs to voluntarily resign.
“An elected leader cannot be removed for the pleasure of another person, without regard to the rights of those who elected such a leader to office. The democratic process is an inclusive process, the rights that people have cannot be easily ignored, regardless of the circumstances, ”argued Tshivhase.
In another legal opinion by Phosa Loots Incorporated Attorneys, the law firm of former ANC General Treasurer Mathews Phosa argued that suspension of any party member would be illegal if suspension is not an intrinsic part of the disciplinary process under the Constitution of the ANC.
Another legal opinion, this time from lawyer Dali Mpofu, who argued that asking leaders accused of corruption to stand down was invalid and unenforceable, as this constituted a violation of members’ rights, as it was against their constitutional right to be presumed innocent until proven guilty. .
Political Bureau
[ad_2]
