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What will it take for the ANC to toss aside its rotten apples?

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Oscar van Heerden is a scholar of International Relations (IR), where he focuses on International Political Economy, with an emphasis on Africa, and SADC in particular. He completed his PhD and Masters studies at the University of Cambridge (UK). His undergraduate studies were at Turfloop and Wits. He is currently a Deputy Vice-Chancellor at Fort Hare University and writes in his personal capacity.

In recent years, especially since the infamous Polokwane conference, we have observed so much ill-discipline from ANC members and yet few remedial or corrective actions are taken. This is not only worrisome but blatantly disgusting because it presupposes that no one in the ANC sees anything wrong with the conduct of certain members.

Throughout the history of the ANC, we have observed that every now and then it has to self-correct. At times, this may mean expulsion of certain members for the greater good. The 1975 expulsion of the “Group of Eight” following the 1969 Morogoro conference comes to mind. The ANC has always carefully, and in a considered manner, applied itself to such matters, especially when the reputation of the organisation hangs in the balance.

So, why do we now observe such utter reluctance to follow a similar path? Surely it is needed now more than ever? And before anyone screams that this would be for ulterior political motives, the process followed in the ANC over the years has stood the test of time and scrutiny. 

In recent years, especially since the infamous Polokwane conference, we have observed so much ill-discipline from members, and yet few remedial or corrective actions are taken. Bantu Holomisa was expelled for bringing the organisation into disrepute. Julius Malema and Floyd Shivambu followed suit, also for bringing the organisation into disrepute. And we will agree the ANC was better for it.

Now, looking at the constitution of the organisation, in particular Rules 24 and 25.

Rule 24: The Integrity Commission and National Dispute Resolution Committee states inter alia that:

“24.2: The Officials and NEC may refer to the Integrity Commission any unethical or immoral conduct by a member which brings or could bring or has the potential to bring or as a consequence thereof brings the ANC into disrepute.”

The fact that absolutely no one has done so up to this point is not only worrisome but blatantly disgusting because it presupposes that none of the ANC members sees anything wrong with certain members.

Rule 25.10 also states that:

“25.10: If a REC, RWC or BEC or office bearers of these structures, as the case may be, is satisfied that the institution of disciplinary proceedings is warranted against a member or office bearer of an REC or BEC within its Region or Branch in respect of any misconduct referred to in Rule 25.17 below, it, he or she shall first obtain the written approval of the Provincial Secretary before commencing with the institution of such disciplinary proceedings.”

And still nothing…

As for the various “acts of misconduct”, the constitution stipulates quite clearly:

“25.17 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:

25.17.1 Acting in breach of the membership oath.

25.17.2 Conviction in a court of law and being sentenced to a term of imprisonment without the option of a fine, for any offence.”

We still have so many in our ranks who have been convicted. Tony Yengeni comes to mind.

“25.17.3 Failing, refusing, or neglecting to execute or comply with any ANC Policy, Standing Order, Rule, Regulation or Resolution adopted or made in terms of this Constitution or breaching the provisions of this Constitution.”

Where to begin? The constitution has been violated on so many fronts already and yet, nothing.

“25.17.4 Engaging in any unethical or immoral conduct which detracts from the character, values and integrity of the ANC, as may be determined by the Integrity Commission, which brings or could bring or has the potential to bring or as a consequence thereof brings the ANC into disrepute;

25.17.5 Behaving in a manner or making any utterance which brings or could bring or has the potential to bring or as a consequence thereof brings the ANC into disrepute;

25.17.6 Sowing racism, sexism, tribal chauvinism, religious and political intolerance, regionalism or any other form of discrimination;

25.17.7 Behaving in a manner which provokes or is likely to provoke or has the potential to provoke division or impact negatively on the unity of the ANC.”

Marching to the ANC HQ and then threatening the leadership and some individuals in our leadership – surely this is tantamount to violating the above clause?

“25.17.8 Engaging in sexual or physical abuse of women or children or abuse of office to obtain sexual or any other undue advantage from members or others;

25.17.9 Abuse of elected or employed office in the Organisation or in the State to obtain any direct or indirect undue advantage or enrichment;

25.17.10 Participating in any organised factional activity that goes beyond the recognised norms of free debate inside the ANC and which threatens its unity.”

Here, some in the ANC have, since their loss at Nasrec, engaged in precisely this sort of factional behaviour and yet we see nothing being done to bring these people to order.

“25.17.16 Fighting, assaulting another member or behaving in a disorderly or unruly manner at ANC meetings, assemblies or gatherings and/or disrupting meetings and interfering with the orderly functioning of the ANC.”

Here I’m reminded of Andile Lungisa assaulting another legislature member, as well as those comrades who threw chairs and water bottles at each other, disrupting an orderly meeting. What happened to them? Nothing.

“25.17.17.2 Creating divisions within its ranks or membership.”

And finally:

“25.17.18 Being convicted in a court of law for the offence of fraud, theft of money, corruption, money laundering, racketeering or any other act of financial impropriety.”

Will we indeed see if there will be follow-through once prosecutions are successful? I wonder.

Surely one does not have to be a rocket scientist to see that characters such as Kebby Maphatsoe, Ace Magashule, Carl Niehaus, Mosebenzi Zwane, Nomvula Mokonyane and so many more fall into this category?

Why are we allowing them to bring the organisation into disrepute, over and over again?

What is the delay, Ms Mildred Oliphant, chair of the ANC disciplinary committee?

And since I’m talking about action that should be taken, let me also turn my focus to our legislature: Parliament, the host of so many rotten apples, and yet we see no action to clean up and/or any form of corrective measures. 

Sitting idly by and waiting for Godot – sorry, I meant law enforcement agencies – is counterproductive, to say the least. You are behaving like ostriches, burying your heads in the sand and hoping reality is not occurring. Come on guys… can you act proactively and bring some measure of dignity back to our Parliament?

I have said this before, but it is worth repeating, Mr President: request that a law be promulgated soonest that will see every public servant undergo a comprehensive lifestyle audit. Afford all of them an opportunity to come clean first – a sort of amnesty period of six months – after which these audits will commence. 

Hopefully, this will result in most of them resigning from government for fear of being caught and prosecuted. Once this deadwood is out, we can begin to trim the civil service, get the public sector wage bill under control, etc. It’s a win-win for everyone, don’t you think?

In short, I guess what I’m really saying to the ANC leadership is that you have allowed the situation to deteriorate to this point: in fact, you have been complicit in the moral fibre being eroded within the ANC, government and the country as a result.  

It’s time to self-correct and you have to start inside your own home. Expulsions are needed as a start. DM

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  • Hermann Funk says:

    “So, why do we now observe such utter reluctance to follow a similar path?” Oscar doesn’t get it. The rotten apples faaaaaaaaaaaar outnumber the healthy ones.

  • Louis Potgieter says:

    When van Heerden is finally ready to leave, he should switch the lights off.

  • Sergio CPT says:

    I agree wholeheartedly, Oscar, but I’m afraid you are an idealist and whistling in the wind. There are so many rotten apples in the anc, from cabinet, nec, parliament and of course Loothuli House that it is virtually beyond salvation. Forget the old ANC , it doesn’t exist any longer. SA has to build for the future and the sooner it ditches this corrupt, parasitic and malodorous rabble, the better for this country. I have no doubt that there still some good members, but these have little say in righting the ship by putting the country first and foremost, and those bad apples would rather sink the country than give up power with all the patronage and impunity that goes with it.

  • Avlon Ferreira says:

    Perhaps the fear of being seen as a “snitch” is in play. Whatever the reluctance to do good housekeeping, every house needs it…..a spirit of excellence, diligence & integrity are sorely lacking in our country – sad…

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