Eddie Koch
The African National Congress this week released details about how members can bring charges against individuals in the movement accused of breaching the party’s code of conduct before its disciplinary
According to a draft disciplinary procedure drawn up by the organisation’s national executive committee, charges can be “initiated for violations of the basic principles and norms of the ANC as laid down in the constitution of the ANC and the code of conduct for public representatives”.
It stipulates that “any organ and/or branch of the ANC” can initiate a charge at branch, provincial or national level. The disciplinary proceedings should take place at the regional level where the alleged violation took
The charge must be prepared by a presenter on behalf of the organ or officials. This person will be appointed either by a branch secretary, a provincial secretary or a the secretary general of the organisation.
The charge has to be presented in writing and has to state clearly which section of the constitution or code of conduct has allegedly been violated. The affected party must be given a written copy of the charge at least five days before the hearing.
The procedure is designed to ensure “discipline is applied in accordance with a just and fair procedure which is clear and simple”. Members of the organisation must be presumed innocent until proven guilty and must have the chance to defend themselves.
It includes clauses designed to guard against the “politics of envy” — efforts by individuals to use the code as a way of venting personal grudges and grievances against colleagues in the movement.
“Disciplinary proceedings shall not be brought as a means of solving private problems or as a means of interfering in the private lives of members unless the rules of the organisation are directly affected.”
Misdemeanours that members can be charged with include:
* Violations of the constitution, principles, norms and decisions of the ANC. * Abuse of office, corruption, sexual harassment or misappropriation of funds. * Breaches of the code of conduct. The hearing has to be held within a reasonable period after the charge and the person charged must have a representative and interpreter, if one is needed,