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By Sifiso Mahlangu 
1 hour ago
Johannesburg – The ANC National Executive Committee (NEC) meeting on Sunday was once again dominated by infighting between the two factions.
At a virtual conference designed to discuss the renewal of the party and preparation for the 2021 local government elections, the first session was overshadowed by legal opinions on whether ANC General Secretary Ace Magashule should resign after his arrest last month. past and the admission of ANC NEC member Pravin Gordhan. that he was part of the creation of the controversial rogue unit of the Tax Service of SA.
Making a surprising appearance on the virtual screen was former President Thabo Mbeki. He has not attended an NEC meeting since he was fired at the 2008 meeting.
Mbeki is believed to be “running on a Cyril card” and was hired to counter former ANC Treasurer General Mathews Phosa’s legal opinion on Magashule. Phosa wrote a legal opinion declaring the unconstitutionality of removing Magashule from office. Mbeki, an old rival of Phosa, is inclined to defend Magashule so that he resigns.
Mbeki was defeated by Jacob Zuma, a Magashule ally, at the 52nd ANC conference in Polokwane. At 8.30pm on Sunday, Mbeki was still in the virtual meeting reviewing documents on his desk.
Since then, Mbeki has not been available to answer questions from The Star.
Sources within the NEC have said The star clandestine meetings between President Cyril Ramaphosa’s main backers and Mbeki with the aim of repositioning Mbeki in the ANC.
The Magashule sponsors also did not spare Gordhan, asking Ramaphosa to fire him with immediate effect. NEC member Bongani Bongo was again the most vocal.
“Why don’t you fire Pravin? Any confession of a dishonest unit is illegal. In any other country they would arrest him. But people will be arrested for lack of supervision, ”Bongo said.
In August, Ramaphosa wrote a letter telling ANC members who had been formally charged with corruption and “other serious crimes” to immediately withdraw from leadership positions in the party, legislature and government in awaiting the completion of their cases.
Ramaphosa, however, faced a battle because his close ally, Speaker of Parliament Thandi Modise, was facing criminal charges after he allegedly abused and starved animals on his farm.
Ramaphosa supporters are said to be mobilizing for Magashule to resign.
A source from the National Labor Committee said Sunday that if Magashule was pulled out, the Top Six would collapse.
“If Magashule steps aside, we will have to go to an early conference to decide on new leadership.
“The SG was chosen as part of a structure. There has never been the choice of a single SG. If Magashule is not good enough, we will elect a new leadership, the same way we did at Nasrec. “
With legal opinions already filed with the NEC, he is expected to decide how to proceed in the coming days.
In his legal opinion, defender Mashudu Tshivhase said that if any structure required the removal of any of its elected leaders, the views of the individual members who elected the leadership of their choice could not be easily ignored as this was not a master relationship. and servant or an employer and employee relationship.
“The ANC NEC should consider obtaining the views of the individual members and / or branches that nominated and elected any leader, who, according to the other members of the NEC, have the opinion that such leader should resign voluntarily.
“An elected leader cannot be removed for the pleasure of another person, without regard to the rights of those who elected such a leader to office. The democratic process is an inclusive process. The rights that people have cannot be easily ignored, regardless of the circumstances, ”argued Tshivhase.
Another legal opinion, this time from lawyer Dali Mpofu, argued that asking leaders accused of corruption to withdraw was invalid and unenforceable, as it constituted a violation of the rights of the members, as it was against their right. constitutional to be presumed innocent until proven guilty.
Political Bureau
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