Allies of former ANC Women's League president Bathabile Dlamini emerged as the victors in two of the most influential provinces during the organisation’s elections on Monday. (Elmond Jiyane, GCIS)
ANC officials will seek legal advice on whether those charged with serious crimes can contest party elections after the recent election of corruption-accused Zandile Gumede as chairperson in the powerful eThekwini region, sources say. The Mail & Guardian also understands that the national working committee (NWC) recommended that ANC Women’s League president Bathabile Dlamini remain in her position until she finalises an engagement with treasurer general Paul Mashatile.
The move to seek legal advice on the step-aside rule was decided during the NWC meeting on Monday afternoon. Some of President Cyril Ramaphosa’s allies are said to have suggested that the ANC’s image was taking a knock after two powerful provincial leaders — one facing charges of corruption and the other of murder — were elected in the past three weeks.
According to party insiders privy to the debate, the newly appointed co-ordinator in the secretary general’s office, Gwen Ramokgopa, made the suggestion and was seconded by Ronald Lamola and Snuki Zikalala.
Those who opposed included Dakota Legoete and Nomvula Mokonyane, who insisted that the NWC would be in contravention with the ANC constitution.
“We reflected on it. They wanted the NWC to make a recommendation and they didn’t get it. The first person to be elected was Ntuthuko [Mahlaba] and they were quiet and we know why, because he is Senzo’s [Mchunu] person; the Mpumalanga issue; and now there is Zandile. Even before the region voted, NEC [national executive committee] members were up in arms saying that she must be discouraged from contesting and now this matter comes here rather than the leadership saying ‘What does this mean?’ It says a lot about the attitude of our members. It’s members of the ANC who are rejecting this [step-aside] resolution, how it’s applied, and how do you disenfranchise someone who has not been found guilty. It’s prejudice,” one insider said.
Gumede, who was elected in absentia as she is affected by the ANC step-aside rule, received 210 votes; her opponent, eThekwini speaker Thabani Nyawose, received 181. This despite Gumede facing criminal charges in the R400-million Durban Solid Waste corruption case dating to her time as eThekwini mayor.
Gumede’s slate, which is backed by the ANC’s radical economic transformation faction, made a clean sweep of the top five posts in the region, one of the most influential in the country.
“There is nothing really we can do on the Zandile matter. She has indicated that she will step aside and she did not attend the conference so we have nothing much we can do on the matter. The secretary general’s office will send communication detailing the step-aside rule to the eThekwini region but beyond that, we can only wait and see what the courts rule and the legal advice the officials receive,” the party insider said.
Another matter that was discussed was the stepping aside of Dlamini. Although there were some voices who are said to have called for Dlamini to be booted out of the ANCWL, the two ANC insiders said it was concluded that Dlamini should remain in her position.
“The rules are clear. There is nothing much we can do. Rule, 25.17.2 says when you have the option of the fine, you can’t be [subjected] to step aside. So we wait for her engagement with the TG [treasurer general],” one party leader said.
Dlamini, the former minister of social development, was found guilty of perjury in March for lying under oath during an inquiry about her role in the 2018 South African Social Security Agency grant payments debacle.
Judge Betty Khumalo handed down a four-year prison sentence or the option of the fine, which included two years suspended or a R100 000 fine.
Those close to Dlamini previously told the M&G that she was willing to fight against any order made by the officials, but they said it was unlikely that she would be asked to resign.
“The ANC says you must step aside if it’s a serious crime and if you have paid a fine there is no need to step aside. If you remember the mayor of Newcastle in KwaZulu-Natal, Dr Ntuthuko Mahlaba, did not step aside because he paid a fine,” a Dlamini ally said.
Those opposed to Ramaphosa are said to have also raised the matter of Derek Hanekom facing disciplinary action.
In 2019, the NWC recommended that Hanekom — an NEC member and Ramaphosa ally — faced disciplinary action after he admitted to meeting the Economic Freedom Fighters shortly before a motion of no confidence vote in former president Jacob Zuma.
This admission was prompted by EFF leader Julius Malema revealing that the former tourism minister handed over a list of ANC MPs who would vote against Zuma in a vote of no confidence.
Malema claimed that Hanekom was prepared to form a splinter party should Ramaphosa have failed in his quest to become ANC president at the Nasrec conference, News24 reported.
Hanekom admitted to a meeting with the then EFF secretary general Godrich Gardee, saying that they had a common interest during a difficult time in South Africa’s history, News24 reported.
After Hanekom’s admission, Zuma tweeted that his former cabinet minister was a “known enemy agent”.
The ANC insiders said party leaders who attended the NWC meeting questioned why Hanekom had not faced a disciplinary hearing for his actions.
“If we are going to act on people and crucify them, we must all be equal,” the insider said, adding that the officials were asked to look at records on the matter, because the NWC decision that Hanekom be subjected to disciplinary action had not been implemented.
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