President Cyril Ramaphosa’s anti-corruption and renewal message is being put to the test once more. Despite having adopted the step aside rule, which prohibits party members facing serious criminal charges from holding positions of leadership, the African National Congress (ANC) in Mpumalanga has elected murder accused Mandla Msibi as Treasurer, while Zandile Gumede has been elected eThekwini Regional Chairperson in KwaZulu-Natal.
Since the 2017 ANC Elective Conference, the ruling party has implemented that all party members facing criminal charges step down from leadership positions.
This has seen ANC Secretary-General Ace Magashule suspended for refusing to step aside. Zandile Gumede who has stepped aside and could not attend the conference was allowed to send a letter to accept her nomination as the regional chair – a position she has since won. And Mandla Msibi was elected Treasurer in absentia.
Closing the conference that elected Msibi, President Cyril Ramaphosa urged the conference delegates to reflect on their election of Msibi and what the ANC wishes to achieve.
“On issues such as stepping aside, we must demonstrate that we are truly serious. During the course of your election, you took the step of endorsing and electing one of the comrades who is facing charges. This matter does need your reflection as disciplined membership of this organisation, your reflection must be based on the decisions that had been taken by our national conference. I, therefore, call on you to reflect on this matter.”
‘Step aside killing our movement’
And after her election, Zandile Gumede decried the step aside rule saying it kills the ANC.
“It’s a very painful exercise I don’t wish anyone to be on a step aside, especially because our constitution and our country’s constitution clearly says a person is innocent until is found guilty. You cannot be penalised and be seen guilty before the courts of law find you guilty. But because it affects me directly I don’t want to talk about it. Our branches in December will talk about it and they have already started talking about it because it really is killing our movement.”
Although Msibi and Gumede have agreed to stay away from all ANC activities in line with the party’s step aside rule, their election has, however, been interpreted as a subtle rejection of the resolution.
Political Analyst Dr. Ralph Mathekga says fraught with a lack of clear criteria for implementation and support from party members, it will be difficult.
“I think that the ANC is seriously facing a mountain of challenges in the implementation of the step-aside rule. This is because there is no buy on this rule and there is no way in which the ANC will come out the same from this step-aside rule. The conflicts are very deep and with leaders that are very compromised. We have seen them ascending to higher positions within the party. Mandla Msibi and the Bathabile Dlamini’s issue and now with Zandile Gumede, all these things are pointing to a lack of clear criteria when it comes to implementation of the step aside rule and lack of political will within the ANC and simply lack support from broader members of the party.”
Bathabile Dlamini case
Meanwhile, the effectiveness of the step aside rule was further tested when ANC Women’s League president Bathabile Dlamini was charged, tried, convicted, and sentenced.
Throughout her marathon trial, Dlamini was never called to step aside nor resign after her conviction and sentencing for perjury. The ANC is still mulling on her fate with the party’s Treasurer General and Acting Secretary-General Paul Mashatile admitting that the resolution was not clear on the seriousness of cases that warrant members who are facing criminal charges in courts to step down.
“The resolution of the ANC did not include all crimes not necessarily because we did not think they are not serious crimes but the understanding was that serious crime will be in line with what the statutes are saying, we will be guided by that. But you are quite right the resolution was not exhaustive but the guide, there are statutes and to the extent that the statutes of the country regard a particular crime as serious that will be our position as well,” said Mashatile.
ANC spokesperson Pule Mabe explains some of the difficulties that the party has come across in implementing the step aside rule:
Some party members like Magashule and Gumede are crying foul saying the step aside rule is divisive and is being selectively implemented.
Meanwhile, President Ramaphosa said the suspected rejection of this resolution will be discussed at the next ANC National Executive Committee meeting.
