Legal opinion says dubious ANC leaders cannot be forced to stand aside: Mantashe



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The ANC does not have powers to force leaders facing criminal charges or other allegations of wrongdoing to deviate from party positions, says the party’s national chairman Gwede Mantashe.

Mantashe told the sunday time that the party sought a legal opinion this week on the issue and was informed by lawyers that stepping aside would be “a voluntary act” and forcing anyone to do so would be tantamount to suspending them.

“Setting aside is a voluntary act, it is a function of conscience and desire. You make that decision yourself, ”he said.

“There is clarity that stepping aside is a voluntary act, it is a function of conscience and conscience, it is not an organizational compulsion. Once it’s compulsion, it turns into something else called suspension. “

Mantashe said it is still possible for the ANC to take disciplinary action against a member internally. His comments come after ANC Secretary General Ace Magashule appeared in court on November 13, charged with corruption, fraud and money laundering.

Magashule, who currently oversees the day-to-day running of the ANC, is the highest-profile serving politician to face charges since President Cyril Ramaphosa took office in 2018 and pledged to crack down on the corruption that became endemic during the career of his predecessor Jacob Zuma. rule.

The government estimated that more than 500 billion rand were stolen during Zuma’s presidency.

The case against Magashule relates to a 255 million rand asbestos audit contract that was awarded in the Free State, according to the police’s special investigation unit.

Line in the sand?

In August, Ramaphosa said that the National Executive Committee of the ANC (NEC) must draw a line in the sand between the organization and those who rob people.

The president said that the cadres caught in acts of corruption must face the party’s integrity commission to explain themselves. Those who do not give an acceptable explanation may be suspended. Convicted persons must resign from leadership positions and face disciplinary action.

“They have to be serious accusations that are of such a nature that someone must answer for themselves in a satisfactory way. Once they have done so, the integrity commission must consider what they say and make a decision, ”he said.

Ramaphosa said the commission’s decision should be binding; He added that the ANC has a mechanism to revoke a person’s membership in the ANC. This includes expulsion and a time limit on when they can return to the party.

“There are some people who, of their own free will, have already decided that they will step aside. We should pay tribute and respect to those members and say that they are putting the interests of the ANC before their own. “

The integrity commission will be strengthened, by the means to carry out its mandate, said the president. “The NEC agreed that this will be a turning point in the fight against corruption.”


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