ANC MP and Cooperative Governance minister Nkosazana Dlamini Zuma is to face disciplinary action after she failed to vote along party lines at the recent debate on the adoption of the Section 89 Independent Panel report on Phala Phala in parliament. 

Dlamini Zuma was severed with a letter from the party’s treasurer general Paul Mashatile on behalf of the secretary general’s office on Thursday stating that she had contravened the party’s Constitution. 

ANC Secretary-General Paul Mashatile. (Photo: Gallo Images / City Press / Tebogo Letsie)

It is unclear what this will mean for Dlamini Zuma’s ambitions to contest party president Cyril Ramaphosa at this weekend’s ANC elective conference. Dlamini Zuma contested for the presidency in the previous conference and while she did not receive enough nominations for her name to be in contention now, she is hopeful that she will get a mandate from delegates on the conference floor.

According to Mashatile, Dlamini Zuma has flouted parts of Rule 25 related to her duties as an ANC deployee. 

The decision follows a report by the ANC parliament caucus Chief Whip Pemmy Majodina relating to what transpired at the recent Parliamentary sitting which debated the Section 89 report on Phala Phala.

“The National Officials, having considered the report of the Chief Whip, and the abovementioned provisions of the ANC Constitution, amongst others, decided to exercise the power in Rule 25.9 to invoke disciplinary proceedings under the ANC Constitution and therefore to initiate disciplinary proceedings against you. Accordingly, the Chief National Presenter has been requested to take the necessary steps to institute disciplinary proceedings,” the letter reads.

ANC Chief Whip Pemmy Majodina. (Photo: Gallo Images / Adrian de Kock)

Majodina’s report indicates that there were MP’s who were absent and those who voted against the position adopted by the National Executive Committee (NEC) and ANC caucus. This is despite the party deciding to vote against the adoption of the Section 89 report on Phala Phala, given the fact that it is being taken on review.

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“The position of the NEC is contained in a statement issued on 5 December 2022, which is attached hereto. According to the report you voted, together with a number of opposition parties, and contrary to the position of the NEC, and the ANC caucus, for adoption of the report,” it reads. 

The letter dated 14 December 2022 outlines that Dlamini Zuma contravened the following parts the ANC Constitution:

• Rule 25.4 of the ANC Constitution provides that: “The ANC shall have jurisdiction to discipline any member, office bearer or public representative for committing any act of misconduct as contained in Rule 25.17 below as a member of the ANC and/or by virtue of his or her contract of deployment and/or by virtue of his or her membership of any of the structures of the ANC.”
• Rule 25.3 provides that: “Any member, office bearer or public representative who fails, refuses and/or neglects to abide by the provisions of the Constitution of the ANC, its Standing Orders, Rules, Regulations, Resolutions and policies adopted or made in terms of the Constitution shall be liable to be disciplined in terms of this Constitution.”
• Rule 25.17 provides that the following conduct by a member, officer bearer or public representative shall constitute misconduct in respect of which disciplinary proceedings may be invoked and instituted against him or her: “​​Joining or supporting a political organisation or party, other than an organisation in alliance with the ANC, in a manner contrary to the aims, objectives and policy of the ANC (Rule 25.17.13);

(c) In the case of a public representative, breaching his or her contract of deployment concluded with the NEC (Rule 25.17.20);

(d) In the case of a member of an ANC Caucus, failing, refusing or neglecting to carry out or execute an instruction or mandate of such caucus (Rule 25.17.21).”

Ahead of the vote, at least 44 members had apparently agreed to defy the party, 24 would vote for the adoption of the report and 20 would openly abstain from participating. When it came to it though, the majority of those who were allegedly part of this ploy failed to follow through and ended up backing Ramaphosa.

Dlamini Zuma, Mervyn Dirks, Supra Mahumapelo and Mosebenzi Zwane openly defied party orders while Tandi Mahambehlala seemed undecided as she initially voted for the adoption of the report but then backtracked on this decision. 

Others who were not present during the vote include Zweli Mkhize, Lindiwe Sisulu, Bongani Bongo and Sfiso Buthelezi. 

With 214 votes against the adoption of the report, 148 voted for it and two MPs absent, Ramaphosa escaped possible impeachment which paved the way for his potential re-election as party leader. DM