Illustrative image, from left: ANC secretary-general Fikile Mbalula. (Photo: Gallo Images / Beeld / Deaan Vivier) | Luthuli House, ANC headquarters. (Photo: Felix Dlangamandla / Netwerk24) | Former president Jacob Zuma. (Photo: Gallo Images / Beeld / Deaan Vivier) 
The ANC’s National Disciplinary Committee (NDC) on Tuesday concluded its hearing into former president Jacob Zuma’s alleged breach of the party’s constitution for his involvement with the uMkhonto Wesizwe (MK) party.
Appearing as a witness at the hearing, ANC Secretary-General Fikile Mbalula outlined how the former president ditched the ANC for the uMkhonto Wesizwe (MK) party, which was seen as an unforgivable violation by a former leader of the ANC.
ANC rapporteur Amanda Vilakazi recommended to the NDC that Zuma be expelled for his involvement with the MK party, a key catalyst in the country’s changing political landscape, which saw the ANC fall under 50% nationally for the first time in the May general elections.
Daily Maverick understands that Mbalula spoke about how the former president failed to uphold the principles of the ANC despite his long history in the party and his contribution to the struggle against apartheid.
Zuma was, however, not present at the virtual sitting.
He faces two charges in the NDC which pertain to failing to follow rule 25.17.17(4) and for violating rule 25.17.13.
The first rule involves prejudicing the integrity and repute of the ANC, its personnel or its operational facility by acting on behalf or in collaboration with a counter-revolutionary organisation or party outside the ANC and its alliance partners in a manner contrary to the ANC’s objectives.
It includes working with the intelligence agencies of other countries and any groups which interfere with the work of the ANC.
The second rule relates to joining a political party outside the ANC and its alliance partners, the SA Communist Party and the Congress of SA Trade Unions, in a manner contrary to the aims and objectives of the party.
Read more: Zuma disciplinary — MK supporters ignore memo about virtual hearing, descend on Luthuli House
In a unanimous decision by the ANC National Executive Committee, Zuma was in January suspended in terms of rule 25.60 of the party’s constitution. At the time, Mbalula explained that the rule did not allow Zuma the opportunity to respond to the decision as it was final.
Zuma has campaigned for the newly formed MK party since December while claiming he remains an ANC member.
When announcing his support for the party, Zuma accused President Cyril Ramaphosa of being an agent of “white monopoly capital”.
In the 2024 provincial and national elections, the MK party overtook the EFF as the third-largest party nationally and won the highest share of the vote in KwaZulu-Natal.
Yengeni’s complaints
ANC veteran Tony Yengeni represented Zuma in the NDC on Tuesday and complained about how the party had conducted the disciplinary hearing.
In a letter dated 22 July 2024, sent to acting NDC chair Enver Surty, Yengeni claimed Zuma was still disgruntled that the meeting was held virtually and behind closed doors after he called for an in-person hearing.
“At this stage, [we] have not succeeded in persuading comrade Zuma to accept the virtual format as suitable for the NDC hearing. He has instead tasked me to convey his request that the hearing not only be held physically, but that it must be opened to the public,” wrote Yengeni.
However, ANC disciplinary hearings are usually held behind closed doors, irrespective of who appears before them.
Yengeni questioned the integrity of the disciplinary committee, implying that it might be facing external pressures. He said Mbalula was complicit in intimidation, without elaborating.
Party insiders said Mbalula sent Yengeni hostile text messages over the weekend, but Mbalula denied they had any bearing on Zuma’s case.
In his letter, Yengeni hit out at “the apparent external pressures or influences being exerted on the NDC by persons or forces who do not sit in the NDC with the unfortunate silence or cooperation of the NDC; the undue pressure and intimidation directed to me as the representative of the charged member by the Secretary-General of the ANC.
“I write this letter out of serious concern and distress at the dismal manner in which the ANC and/or its NDC is handling the matter of the abovementioned process. The ANC has seriously broken all applicable rules of the ANC Constitution, the Constitution of the Republic, fairness and decency in the past week or so since the previous sitting of the NDC.”
The NDC is expected to hold another meeting in the coming days to decide on Zuma’s fate.
Should he be expelled from the ANC or sanctioned following the hearing, he will have up to 14 days to contest the findings with the party’s National Disciplinary Committee of Appeal. DM