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The ANC is likely to have to convene a special meeting of the National Executive Committee to discuss the arrest warrant and the charges facing ANC Secretary General Ace Magashule.
ANC Secretary General Ace Magashule must step aside once he has been indicted, according to the ANC Constitution, now reinforced by the party’s special meeting of the party’s National Executive Committee (CNE) on corruption in August 2020. .
A warrant aired for Magashule on November 10, Daily maverick reported, and will appear in Bloemfontein Magistrates Court on Friday. He faces various corruption-related charges for his role in the R255 million asbestos roof audit of Free State Township homes. The money was looted and wasted on flashy cars and homes by contractor Edwin Sodi, as detailed by Pieter Louis-Myburgh. here and only 3% was spent on actual service to intended beneficiaries.
Arrest Warrant Issued for ANC SG Ace Magashule on the Free State Asbestos Saga
Magashule is the largest fish caught by the Hawks and the National Tax Authority Directorate of Investigation in a series of charges and arrests related to the state capture in early October 2020. After ANC MP Vincent Smith, who was subpoenaed and charged with Bosasa- related to corruption, Magashule is the second major politician to be signed by the Hawks and the NPA.
His arrest will have political repercussions as he is the administrative director of the ANC. The party constitution is clear that Magashule must step aside. Section 25.7 says:
“When a public representative, official or member has been accused of appearing before a court of law for any charge, the secretary general … acting under the authority of the NEC … if he is satisfied that the temporary suspension of such (person ) is in the best interest of the Organization, may suspend said public representative, official or member … ”
As general secretary, Magashule cannot suspend himself, so the party is likely to call a special meeting of the NEC to decide what to do. The NEC has the power to suspend it, and if that happens, Assistant Secretary General Jessie Duarte must step in as Acting Secretary General, in accordance with the party constitution.
(At the time of publishing this article, News24 reported that the top six of the ANC were meeting Tuesday night to, among other topics, discuss Magashule-Ed’s arrest)
In addition to the constitution, the party’s 2015 national general council resolved to “summarily suspend persons who do not give an acceptable explanation or who voluntarily resign while facing disciplinary, investigative or procedural procedures.” In August 2020, the party ruled that “persons who do not provide an acceptable explanation or who do not voluntarily withdraw while facing disciplinary, investigative or procedural procedures should be summarily suspended.”
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“We say ‘Hands off, SG, hands off,’” said Carl Niehaus, an official with the MK Veterans Association, who said the association believed Magashule should not be left out. “(The order) has serious consequences for the ANC and the country in general. We should all be concerned. “In a statement, the ANC said that” the Secretary General previously spoke about his impending arrest and had requested his legal team to establish the validity of such arrest with the relevant authorities … he (will cooperate) with any process undertaken by law enforcement agencies. “
Magashule is backed by the relatively small Free State wing of the ANC, the MKMVA and parts of KwaZulu-Natal and other provinces. His supporters will participate in a campaign against his arrest, but he does not have the same support he had when he was elected general secretary at the party’s conference in Nasrec, Johannesburg, almost three years ago.
If it digs into your heels and refuses to step aside, the NEC would have to order a suspension, posing a conundrum for President Cyril Ramaphosa, who has chosen a path of rapprochement with the strongman.
Magashule has been accused of conspiring against Ramaphosa since the changing of the guard at the ANC. He was summoned to appear before the party Integrity Commission early 2020 – The Sowetan reported that he did, but denied allegations of being involved in cute antics while he was Prime Minister of the Free State.
Questioned about the stumps where he was campaigning for the ANC before November 11 by-electionsMagashule was optimistic and hinted that the dark forces were at stake in the order. DM
