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- A legal opinion requested by the ANC states that the party cannot force members facing criminal charges to resign.
- ANC National President Gwede Mantashe says opinion states that forcing a member to step aside amounts to suspension.
- The legal opinion is expected to be discussed at the next meeting of the national executive committee.
The ANC has reportedly bowed to the legal view that it cannot force members facing criminal charges to resign from leadership positions in the party.
Speaking to the Sunday Times, ANC national president Gwede Mantashe said stepping aside would be a voluntary act. Forcing them to step aside would amount to a suspension.
News24 previously reported that the legal opinion would be discussed with the national executive committee (NEC) at its next meeting, scheduled for next weekend.
ANC undersecretary general Jesse Duarte told the media that the party had received a report from a senior legal adviser on a set of guidelines it would take on the contentious matter.
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Defender Gcina Malindi was asked to develop guidelines on whether those implicated in corruption should be asked to stand aside.
Ace’s case
The issue was the subject of intense divisions between factions in the ANC, with one side insisting that it was not above the legal doctrine that a person is innocent until proven guilty.
The arrest of the ANC secretary general, Ace Magashule, highlighted the issue.
Magashule faces 21 counts of fraud, corruption and money laundering in connection with a controversial R255 million asbestos tender from the Free State.
He indicated during his first appearance at the Bloemfontein Magistrates Court that he would only step aside if the branches required it.
The way the ANC deals with the Magashule case is believed to set a precedent when it comes to the issue of party leaders deviating from their positions in the future.
Mantashe told the Sunday Times that standing aside was a decision that the person in question should make, adding that if someone was compelled, it became a suspension. He said that although the party could not force members to stand aside, it still had the option of disciplinary action.
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