Political comeback: Because the former health minister was not found guilty in a court over the Digital Vibes scandal, the ANC’s step-aside rule does not prevent him from holding political office. Photo: Sharon Seretlo/Gallo Images
NEWS ANALYSIS
Recent developments regarding the ANC’s step-aside rule could bolster disgraced former health minister Zweli Mkhize’s bid for president of the ruling party.
The national executive committee (NEC) met on Monday and took a decision that any member who had stepped aside voluntarily following an indictment to appear in a court of law on any charge should not be allowed to stand for a position at regional, provincial and national conferences.
“Likewise, any member who has been suspended … following an indictment to appear in a court of law on any charge should also not be allowed to stand for a position,” ANC spokesperson Pule Mabe said.
The NEC decision has implications for provincial heavyweights aiming for a comeback at the conferences. This includes former Limpopo treasurer Danny Msiza, who is accused of corruption related to the collapsed VBS Mutual Bank. Msiza was quick to react to the decision, handing over his position in the Stan Mathabatha slate to Reuben Madadzhe just hours after the decision by the ANC was announced.
Other party leaders left in the cold include suspended secretary general Ace Magashule, who stands accused of fraud and corruption related to the asbestos project in the Free State.
Eastern Cape heavyweight Teris Ntutu, who is vying for the provincial secretary position, escaped the rule by a whisker when the high court set aside the National Prosecuting Authority’s corruption charges against him on a technicality.
Mkhize, who resigned from cabinet when allegations emerged that he, his family and close associates benefited from flouting procurement processes in the multimillion-rand Digital Vibes communications contract, retreated to his home province of KwaZulu-Natal in August 2021, from where he has consolidated support.
The clearest signal that he was preparing a political comeback was in late February with social media video clips of party leaders in the eThekwini region making public endorsements during an ANC branch meeting at ward 1. Considered an influential ward, having played the role of kingmaker in the Zuma years, ward 1 and eThekwini leaders formerly aligned to President Cyril Ramaphosa sang Mkhize’s praises.
One Limpopo insider, who is aligned with Msiza, said the NEC’s decision could spur full-blown support for Mkhize in the province. Msiza has maintained support for Ramaphosa for a second term, but a source in his inner circle said the amended step-aside rule had the strong potential to tilt the scales towards Mkhize.
“I hope when they were doing it, they also calculated. It’s clear that this decision is directed at us. It’s like you keep courting a girl but she tells you she doesn’t want you, you are not her type, this means that you must look for another girl,” the Limpopo insider said.
“This is not just in politics, it’s in all facets of life. We all must lie on the bed we prepare ourselves. If necessary, we will fold our arms and let the branches decide. This is the worst thing they could have done. They have committed suicide because Limpopo is slipping through their fingers.”
Those lobbying Mkhize are placing their bets on Babalo Madikizela emerging as the Eastern Cape’s provincial chair in the hope that he will back their man, but he has previously been emphatic that he would support Ramaphosa. The pro-Mkhize camp is however hoping that Madikizela’s wishes could be curtailed by his region, which supported Mkhize during the 2017 Nasrec elective conference.
Others in Madikizela’s camp who could be sympathetic to Mkhize are Ntutu and Andile Lungisa, who is vying for the position of Eastern Cape treasurer and is widely known as an ally of Magashule, who himself is part of Mkhize’s camp. Should Madikizela triumph over Eastern Cape chair Oscar Mabuyane, Lungisa will likely lobby for Mkhize in the province.
A party insider in Ntutu’s circle said the dominant faction in the NEC was not in touch with the ANC’s rank and file.
“The fact that the rank and file are nominating these people is because of how this rule is misused. They know that within the Ramaphosa faction there are many comrades who are corrupt but they are not charged simply because they are linked to the faction that is in charge of the state,” they said.
There are also talks among ANC leaders for the step-aside rule to be repealed during the December national elective conference. One NEC leader said while the policy conference being held beforehand would not be the avenue to repeal the rule, it would be the breeding ground to assess the balance of forces and make proposals to amend it.
“It’s called constitutional amendment. Policies are crafted in the policy conference and then they are adopted in the elective conference. Even if you are affected by the rule, before anything else the elective conference deals with constitutional amendments,” one source said.
“By the time people are elected, amendments to the constitution are already adopted. Those that did not reach the threshold from branches they can elect on from the floor. If you have those that have been affected by step-aside and because of the decision being reviewed by the conference, they can also stand.”
An ANC insider in Ramaphosa’s camp rebuffed this, saying the step-aside rule was not part of the constitution and therefore would not be a factor during constitutional amendments in the conference.
“There is being suspended, which is in the constitution, then there is step aside, which is a resolution and forms part of the rules and regulations, which has an impact on the code of conduct. The NEC have the constitutional right to amend the rules, so I don’t see how the rule can be repealed at conference during constitutional amendments,” the Ramaphosa ally said.
ANC branches have defied the step-aside rule in the past, choosing to nominate affected leaders. A party leader said there was talk that the step aside rule should be amended to only be effective once an individual was convicted and had exhausted all constitutional remedies.
In KwaZulu-Natal, Zandile Gumede was elected as chairperson despite the instruction by the ANC for her to step aside over the corruption charge she faces.
Mpumalanga treasurer Mandla Msibi was elected in March and later asked to relinquish his post soon after he assumed it. Despite Msibi facing a double murder charge, the ANC Women’s League was among those who endorsed him for a position in the province’s top five.
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