President Cyril Ramaphosa has heaped praise on Nomvula Mokonyane, the woman at the centre of bribery allegations involving Bosasa at the state capture commission of inquiry.
Mokonyane is the ANC’s head of organising, and during a visit to the North West earlier this week, where political factions have torn party structures apart, Ramaphosa applauded her for work she had done to help rebuild the organisation.
This is the same president who campaigned on an anticorruption platform and just three months ago confidently told the country after an ANC national executive committee (NEC) meeting that the ANC was finally taking a hard line against corruption and malfeasance. He said it would force members to step aside from positions in government and the party if they are formally charged.
Since that meeting at the end of August the ANC has been vacillating on the issue, to put it kindly. But are we even surprised given the party’s track record with implementation? It is quite clear the decision is never going to be implemented.
The ANC has already watered down expectations by saying it needs legal opinion on the matter and has solicited the help of senior counsel. This legal opinion will be presented at the last NEC meeting of the year, expected to take place next weekend.
ANC national chairperson Gwede Mantashe has already told the Sunday Times that according to the legal opinion the party has no powers to force leaders facing criminal charges or allegations of wrongdoing to step down from party positions.
According to the lawyers it would have to be “a voluntary act” and forcing anyone to do so would amount to suspending them. But surely the party has a right to do this? It is a private organisation, which anyone can join voluntarily. You join the organisation on the basis that you follow its rules, and if you don’t like the rules you can leave. You are not obliged to remain.
This is not a legal issue, and saying it is, is a cop-out. As deputy secretary-general Jessie Duarte said last week, it is about “political morality” — in which, quite frankly, the party is sorely lacking.
The issue really came to the fore when secretary-general Ace Magashule found himself in court facing charges of corruption relating to a controversial R255m asbestos contract in the Free State. When asked whether the matter was discussed by the ANC top six, treasurer Paul Mashatile said it hadn’t even been raised.
Still, the announcement made by Ramaphosa and the top six officials has become a problem as more and more questions are being asked about it not being implemented. And it is becoming clear why — too many of the party’s senior officials are implicated in allegations of corruption, and at the rate the law enforcement agencies are working it is quite likely that many of those fingered at the state capture commission are going to find themselves in the dock.
Just this week state security deputy minister Zizi Kodwa, who is seen to be a Ramaphosa ally and was his spokesperson in the ANC presidency before being appointed to the cabinet, was once again implicated at the commission.
It was alleged that when he was ANC spokesperson Kodwa received suspicious payments totalling more than R300,000 from the personal bank account of former EOH executive Jehan Mackay. Mackay was described as “one of the key role players in the irregularities” at the technology group. It is not clear what the money was for, but it is unlikely that there is anything innocent behind it.
Mantashe and Mashatile have also been implicated at the Zondo commission, as has health minister Zweli Mkhize and employment & labour minister Thulas Nxesi. If all of these people, and many more, eventually find themselves charged and the ANC sticks to its decision, they will have to remove themselves from their positions in the government and the party.
The discussion over stepping down is expected to dominate the NEC next week, but whether there will still be strong support for the decision is another story. The ANC’s current rule states that if a member has been charged it is up to them to voluntarily make the decision to step aside based on political morality and conscience.
This has been the rule since 2012, but to this day no-one’s conscience has got the better of them or the party. Ahead of every election the ANC insists on allowing those who have allegations hanging over their head to continue to stand for leadership positions.
The party is talking — nothing more — about reviewing its “through the eye of the needle” policy, which serves as its guide for electing leaders. It will form part of discussions at next year’s national general council.
But let’s face it, it will continue just to be talk. The ANC will plod along paying lip service to fighting corruption while showing SA that the party and politicians’ ambitions are considered to be more important.
• Quintal is political editor.
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