Kingpin: Limpopo ANC’s Danny Msiza
The ANC’s step-aside rule is likely to be a major talking point at the Limpopo conference this weekend, with many of those loyal to outgoing provincial treasurer Danny Msiza taking umbrage over his not being allowed to run for the provincial secretary position.
Limpopo could become the first province to formally take a stand against the resolution seen as central to the ruling party’s attempts to renew itself in the face of flagging support in recent elections.
Closed sessions at the start of the conference on Friday focused on the organisational report delivered by outgoing provincial secretary Soviet Lakganyane, which dealt with the use of money in the party, the damage caused by the VBS Mutual Bank scandal and the step-aside rule, which stipulates that those facing criminal charges should relinquish their positions until they are cleared.
The report was deferred to commissions for delegates to debate on the issues.
In March, the ANC’s national executive committee (NEC) agreed that any party member who had stepped aside voluntarily after 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.
Msiza, who is facing charges of corruption related to the VBS scandal, which saw taxpayers fleeced of more than R2-billion, is largely viewed as the leading figure in the provincial leadership structure despite him having had to step aside.
Msiza’s attitude towards the step-aside rule was reflected in a letter that ANC treasurer general Paul Mashatile blocked from being read out after he was nominated by branches.
In the letter seen by the Mail & Guardian, Msiza, who declined nomination for provincial secretary, wrote: “I, the outgoing provincial treasurer, am hereby obliged to decline nomination to any elective position due to the specially formulated version three of the recently and newly promulgated step-aside step. Furthermore I thank the majority of the ANC members in Limpopo, who couldn’t be swayed nor intimidated in the midst of extreme and unprecedented political persecution”.
This comes after the Musa Dladla region in KwaZulu-Natal denounced the rule at its provincial conference, claiming that it was divisive and being used to target internal rivals in the party. The region, the second biggest in KwaZulu-Natal, is believed to be lobbying others to support the repeal of this rule.
Limpopo is also home to the ANC’s president, Cyril Ramaphosa, who has championed the step-aside rule, saying the ANC was “accused number one” in corruption after a public outcry against fraud linked to Covid-19 personal protective equipment contracts.
Speaking in Mpumalanga in March just after the party elected murder accused Mandla Msibi, Ramaphosa called on ANC members to reflect on how such action was in contradiction of the commitment made towards renewing the party.
Even after this plea, the eThekwini region in KwaZulu-Natal elected Zandile Gumede, another leader affected by the step-aside resolution, as its regional chairperson.
A declaration rejecting the step-aside rule in Limpopo would be an embarrassment for Ramaphosa, a province in which he and his allies are certain of receiving resounding support as he bids for a second term as party president.
Meanwhile, Mashatile, who is being positioned as an opponent of those aligned with Ramaphosa for the position of ANC deputy president, during his opening address urged delegates in Limpopo to robustly debate the party’s policies without fear or favour.
Mashatile, who is closely linked to Msiza, said the Limpopo meeting must be a conference of ideas and review the party’s overall policy direction.
In his own address, current Limpopo chairperson Stan Mathabatha said the VBS scandal, in which some provincial leaders were implicated, reflected badly on the party and the province, and the ANC could not avoid the matter.
The NEC decision on the step-aside rule has implications for provincial heavyweights aiming for a comeback at the conferences, including Msiza who handed over his position on Mathabatha’s slate to Reuben Madadzhe just hours after the decision was announced.
Other party leaders left in the cold include suspended ANC secretary general Ace Magashule, who stands accused of fraud and corruption related to the asbestos project in the Free State.
Branches have indicated that the rule will be challenged at the policy conference in July.
One NEC leader said although the policy conference 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 a 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,” another source said.
“By the time people are elected, amendments to the [ANC’s] 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.
“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 has 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.
A party leader said there was talk that the step-aside rule be amended to only be effective once an individual was convicted and had exhausted all constitutional remedies.
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