Illustrative image, from left: President Cyril Ramaphosa. (Photo: Felix Dlangamandla) | ANC headquarters, Luthuli House. | Former president Jacob Zuma. (Photo: Michele Spatari / AFP) 
Former president Jacob Zuma’s controversial press briefing on 16 December 2023 in Soweto was key in the ANC National Disciplinary Committee’s (NDC) decision to expel him.
It was at the media conference where he pledged his support for the uMkhonto Wesizwe (MK) party and berated ANC President Cyril Ramaphosa.
According to the NDC report, seen by Daily Maverick, this was when he contravened Rule 25.17.17.4 of the ANC Constitution — “acting on behalf of or in collaboration with the political organisation or party other than an organisation or party in alliance with the ANC in a manner contrary to the aims, policies and objectives of the ANC”.
Some of Zuma’s utterances that were deemed unacceptable include his comment that the ANC was “being led by some leaders who are behaving in an un-ANC manner that does not reflect the true character and mission of the organisation”.
“We need to rescue the ANC and bring it back to the organisation that we know, love and trust… I therefore wish to announce that in 2024, I will vote for the uMkhonto Wesizwe party. It has already been registered with the IEC with my knowledge and blessings, in response to various pleas to me by some religious leaders, traditional leaders, former combatants and other leaders in society,” the former president had said.
The NDC also noted that Zuma had openly admitted that he held meetings with leaders across the spectrum and with about 10 registered political parties, that he was in discussions with these parties to form a “Patriotic Front” and a voting bloc and that the formal launch of the MK party and its interim leadership would be completed in early 2024.
“The NDC finds that the cumulative effect of the charged member’s speech did amount to a call on all South Africans to join him to dislodge the ANC as the ruling party.
“The NDC is satisfied that the charged member, whilst he was still an ANC member, carried out these acts clandestinely and without the knowledge of the organisation with the objective of undermining the ANC and working contrary to and preventing the ANC from achieving its aims and objectives,” read the document.
While the ANC has no evidence that Zuma acted on behalf of or in collaboration with any revolutionary forces, intelligence or security services of other countries or any person or group who has seriously interfered with the work of the organisation, the NDC believes that the admissions made at the December 2023 media conference present sufficient evidence against the former president.
The ANC’s arguments against Zuma
Other evidence presented includes the MK party’s list of candidates for the 2024 elections, submitted to the IEC, and a notice of motion and affidavit to the Electoral Court.
The ANC argued that Zuma had gone as far as taking the IEC to the Electoral Court after it objected to him being a candidate for the National Assembly because of his criminal conviction. That further showed that Zuma was involved in the operations of the party and was willing to represent it in Parliament.
ANC presenter Amanda Vilakazi blamed Zuma for the dislodging of the party from power in the 2024 elections as the MK party had amassed its popularity because of the former president.
She recommended Zuma’s expulsion from the ANC.
In his testimony, ANC Secretary-General Fikile Mbalula said that Zuma defined himself as outside the ANC because his utterances at the December press briefing were geared towards mobilising society to vote against the party.
Mbalula further mentioned that Zuma had contravened the ANC’s membership oath. He said the MK party was not in alliance with the ANC and that the ANC constitution did not make provision for an ANC member to join another political party.
Mbalula’s motivation for Zuma’s expulsion was based on his belief that the former ANC leader was incapable of rehabilitation.
Read more: Lifelong victim with murderous instinct — Jacob Zuma is an unkillable zombie stalking South Africa
Yengeni argument
Zuma’s representative, ANC veteran Tony Yengeni, was noted to have asked for permission to leave the platform without cross-examining Mbalula.
Because of Zuma’s absence from the hearing, the NDC entered a plea of not guilty on his behalf on both counts. The MK party leader was said to have been out of the country.
However, before leaving the virtual meeting, Yengeni mentioned that Zuma wanted the hearing to be in-person, adding that it should be open to the public. The NDC made a decision not to accede to these demands.
“Insofar as the charged member’s request for a physical hearing was concerned, the NDC referred comrade Yengeni to its ruling on 17 July that the disciplinary hearing would take place on the virtual platform.
“The NDC refused the charged member’s request for a public hearing. It informed comrade Yengeni that disciplinary hearings in the ANC are internal domestic matters and are not held in public,” the report reads.
Yengeni vs Mbalula
Yengeni questioned the integrity of the disciplinary committee, implying that it might be facing external pressures. He said Mbalula was complicit in intimidation.
Yengeni claimed that Mbalula sent hostile text messages to him just days before the hearing. However, Mbalula said that his intention was not to threaten Yengeni or deter him from representing Zuma.
“He said that he sent the text message to comrade Yengeni because comrade Yengeni had an old history of undermining the ANC publicly and [the text message] had nothing to do with the disciplinary hearing or the fact of comrade Yengeni appearing on behalf of the charged member. He said he did not know why comrade Yengeni had brought this matter to the disciplinary hearing,” read the NDC report.
In its statement following the news of Zuma’s expulsion, the MK party mentioned the tensions between Mbalula and Yengeni, saying that it tainted the procedural integrity of the disciplinary process.
Read more: Zuma’s ‘unfair’ disciplinary hearing a kangaroo court, says MK party
The MK party also accused the ANC of handling Zuma’s disciplinary hearing unfairly, likening the ANC NDC processes to a kangaroo court.
Zuma is said to be seeking legal opinion. He now has 21 days to appeal against the NDC decision. DM