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While he may be facing a damning verdict from the ANC integrity committee recommending that he step aside for discrediting the ruling party, due to facing a mountain of criminal charges, Secretary General Ace Magashule apparently has an ace up his sleeve. .
The ANC constitution is silent on the step-aside resolution recently adopted by the party’s national executive committee (NEC).
According to the political science professor at the University of South Africa, Dirk Kotze, the basis of Magashule’s public stance, reiterating that he would remain in his elected position until the ANC’s constitutional structures formally forced him to put aside his political responsibilities, was in line with the party constitution. that counted in his favor.
Kotze said, while there was evidence of “a political truce and an uncomfortable holiday season truce” within party ranks, the ANC faced “a major headache.”
“Strictly speaking, they have no power to act against Magashule in terms of the ANC constitution. [which] you have no provision for the party to act against you, so they are seeking a legal opinion, leading to differing interpretation.
“This is not an absolutely clear matter. Rule 25 of the ANC constitution deals with organizational discipline, which is very comprehensive, but it does not oblige ANC members to step aside. “
Kotze said ANC leaders would find it “difficult to achieve change … at this late stage.”
“One of the shortcomings of the ANC constitution is that there are no provisions for procedures, which now places the issue squarely
in the hands of delegates at the national conference.
“To complicate matters further, what applies to Magashule also applies to everyone, including Ramaphosa.
“Bringing changes to the constitution now is going to be very difficult. And there will likely be too many infighting to introduce such an amendment or addition to the ANC constitution.
“If we go back a few years, during the presidency of Jacob Zuma, the ANC leaders tried everything, but they could not get rid of him, despite
he faces several court rulings. He only resigned when one of the many no-confidence motions on him was about to be passed in parliament. “
Kotze said the Christmas period, normally quiet in the ANC, marked “a pause before the storm.”
“Between now, the January 8 Declaration and next year’s first NEC meeting, you will see a busy period.
“During the NEC legotla, we can expect fierce discussions on the step aside issue: exposing the various factions.”
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