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By Sihle Mavuso 
8h ago
Johannesburg – Former intelligence minister Bongani Bongo said he was not refusing to depart from his parliamentary work as his party had ordered, but wanted to know on what basis he should do so.
Bongo, who is facing corruption charges for allegedly trying to derail a parliamentary investigation into Eskom’s affairs, has indicated that he wants the ANC’s Integrity Commission to clarify why he should step aside when he has not been convicted of any crime.
He told Independent Media on Sunday that the country’s constitution was supreme and that if the ANC constitution was not in harmony with it or clashed with it in some way, then the laws set out in the ruling party’s documents should be considered invalid.
He repeatedly declared that he had done nothing wrong to step aside.
Last week, the ANC’s national executive committee decreed that all members formally accused by the courts must withdraw with immediate effect.
He then said that those facing accusations must submit to the party’s Integrity Commission chaired by veteran George Mashamba.
Days after the decision was announced, no member of the party has stepped aside.
Among those expected to step aside is National Assembly Speaker Thandi Modise, who is being prosecuted privately by Afriforum.
ANC National President Gwede Mantashe, who is tainted by his association with Bosasa, is expected to appear before the commission along with President Cyril Ramaphosa, who is tainted by the CR17 fund.
Former Minister Nomvula Mokonyane, Secretary General Ace Magashule, Gauteng Health MEC, Dr. Bandile Masuku and Presidential Spokesperson Khusela Diko are also facing pressure to submit to the commission.
“The ANC constitution does not say that I should step aside, the constitution says that a defendant is innocent until proven guilty. So what I have asked of me is that they give a written instruction, ”Bongo said.
He said that upon receiving the letter, he would take it to court and see if he could gather legal evidence. According to him, all that was informed by the fact that the decision to withdraw was not informed by guilt and used against him and other party members in the future.
“They should not act arbitrarily,” he emphasized.
When asked why he is so hell-bent on challenging the party’s decision, Bongo cited the 2012 case of Mpho Ramakatsa, a former ANC member who took the party to court for firing him because he took him to court instead of relying on of internal mechanisms. and won.
He argued that the court affirmed that the ANC’s constitution is not above that of the country and that its members can take it to court.
Bongo punched more holes in the ANC’s decision and said the passed laws should not be applied retroactively.
“The law does not apply retrospectively. You can’t pass a law today and say that it allows me to go back and find someone I think did something wrong years ago and use the law against them. The law begins to apply from cases that occurred on the day it was approved. To do that would be like going hunting with a knife and salt. Look at our constitution, it began to apply in 1996, the year it was approved, “he said.
Attempts to obtain a list of all those the ANC expected to appear before the 12-member integrity commission failed.
Political Bureau
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