The ANC has backtracked on its August anti-corruption decisions and says that it has not asked its secretary-general Ace Magashule to step aside and neither does it expect him to do so.
Magashule faces various corruption and maladministration charges related to his terms as Free State premier and he is scheduled to make a first appearance in the Bloemfontein magistrates court on Friday, 13 November.
“We did not discuss (him) stepping down. The issue of stepping down is a matter the NEC (national executive committee) is still seized with,” said the party’s treasurer-general Paul Mashatile.
At a special anti-corruption NEC meeting in August, the party restated a 2015 resolution that “those accused of corruption and other serious crimes against the people, including those charged in courts, may be expected to step aside from their positions or responsibilities” and said corruption had made it …”collectively to dip our heads in shame and to humble ourselves before the people”.
But Magashule has been given a hospital pass by the ANC even though he faces a raft of corruption charges related to the R255-million Free State asbestos audit. The deputy secretary-general Jessie Duarte said that the NEC had put its “step-aside” decision on the back burner and would take “serious legal counsel” on it because in other cases, charges were withdrawn and court cases had become complicated.
It is likely to discuss the step-aside resolution at its next NEC meeting. There will be no special executive meeting to discuss the charges Magashule is facing.
No posters, marches or protests at court
Duarte said that Magashule did not want protests at court – “(there must be) no marches, no T-shirts and placards printed in his name” – and she revealed that “there were huge tensions brewing” in the ANC and especially in its Free State branches after Magashule’s arrest warrant was issued on 10 November.
The ANC will not stop supporters going to court but they may not go in ANC gear (a ban that has been serially ignored by factions). Duarte said “We will not interfere with law enforcement processes. We expect that from all our members.”
The ANC statement was betwixt and between, revealing how the charges have caused ructions in the ruling party: while it cannot force Magashule to step aside, Duarte and Mashatile repeatedly made statements against corruption. “We need to show our people that we take malfeasance seriously”; “No leader should support any act of corruption”; and “The judiciary is independent in accordance with our Constitution and we respect this.”
Ekurhuleni mayor threatens civil unrest on Twitter
Pinning the Magashule warrant to his page, Ekurhuleni mayor Mzwandile Masina tweeted: “A moment for civil unrest is now, we can’t allow abuse of State institutions to further political ends. This is wrong, those elected must implement our resolutions and arrest white masters for us to believe they are genuine.” He added a second tweet: “Arresting leadership based on apartheid does not make sense. I reject this arrest and will be in court with my SG to support him against this democratic disgrace.”
Masina later deleted the tweets. The party’s head of crime and corruption working group, Tony Yengeni, also opposed the warrant and charges against Magashule.
The ANC has also backtracked against its constitutional provision that ANC leaders facing serious charges should step aside or be suspended. It says that:
“Where a public representative, office-bearer or member has been indicted to appear in a court of law on any charge, the secretary-general… acting on the authority of the NEC… if satisfied that the temporary suspension of such (person) would be in the best interest of the Organisation, may suspend such public representative, office-bearer or member…”
ANC members ignore Ramaphosa’s anti-corruption measures
Magashule is part of a line of ANC leaders facing charges who have ignored President Cyril Ramaphosa’s seven-page letter to members in August promising a turning point against corruption. In it, he reiterated the step-aside rule but in KwaZulu-Natal, Mike Mabuyakhulu has returned to work; and at Parliament, ANC MP Bongani Bongo has refused to step down although he is party to a criminal case currently in court. DM
ANC secretary general Ace Magashule. (Photo: Leila Dougan)