Following claims that the African National Congress cannot compel people under investigation for corruption to ‘step aside’, a new legal opinion insists that it can.
The latter was reportedly obtained by supporters of President Cyril Ramaphosa. At issue is the status of Secretary General Ace Magashule, who was recently charged with an array of offences linked to the controversial audit of asbestos in housing in the Free State. He is out on R200 000 bail.
The opinion held that in view of the ANC’s resolution that corruption accused should ‘step down’, this was a reasonable course of action. Magashule should be able to make representations on the case, but could not invoke the right to be presumed innocent until proven guilty as a defence against having his membership suspended. ‘A decision of the NWC to temporarily suspend his membership is not a decision taken in the conduct of criminal proceedings. It is a decision by the ANC acting in terms of its constitution.’
Since Magashule is the secretary general of the organisation, the deputy secretary general or national chairperson should preside over this matter.
The latest interpretation of the ruling party’s latitude in acting against members accused of corruption follows a report earlier this month in which ANC national chair, Gwede Mantashe, said the party had no powers to force leaders facing criminal charges or other allegations of wrongdoing to step aside from party positions. He told the Sunday Times that legal opinion sought by the party indicated that stepping aside would have to be ‘a voluntary act’.
In August, President Cyril Ramaphosa – who described the ANC as ‘accused number 1’ when it came to corruption – said the ‘ANC’s National Executive Committee (NEC) had decided that ‘(cadres) of the movement who are formally charged with corruption or other serious crimes must immediately step aside from all leadership positions in the ANC, legislatures and other government structures pending the finalisation of their cases’.