In a boost for supporters of President Cyril Ramaphosa’s agenda to reform the party and clean up its corruption-tainted image, the ANC’s highest decision-making body has resolved to close a loophole in its step-aside rule that allows those facing criminal charges to stand for office.
But the victory may also serve to show that the reform agenda being pushed by Ramaphosa is failing to win unanimous support on the ground, with the leadership having to intervene after branches nominated leaders who face criminal charges and are seen to be part of the so-called radical economic transformation group loyal to former president Jacob Zuma.
A special meeting of the party’s national executive committee (NEC), which ran into the early hours of Tuesday, resolved that members who have been charged with a crime cannot run for office.
Previously, they were merely expected to step aside from official roles.
This enabled corruption-accused Zandile Gumede to run in, and win, the race to be regional chair of the party in eThekwini, making her a power broker in KwaZulu-Natal, the biggest ANC province.
Earlier in April, Mandla Msibi, who faces murder and attempted murder charges, was elected as treasurer at the ANC’s Mpumalanga conference.
The loophole in existing rules allowed them to win their positions and then step aside from official duties. In theory, it could mean a Ramaphosa foe like Ace Magashule, the suspended secretary-general who is facing corruption charges, could challenge Ramaphosa at the ANC’s elective conference in December and then have a proxy take his position in the event that he is cleared or the charges against him are dropped.
Others want to have the step-aside rule suspended as they argue it is merely a ploy to ban some of Ramaphosa’s political opponents from challenging him in December.
The NEC decision came just about a week after justice minister Ronald Lamola, touted as an ANC deputy president contender, told Business Day the party would attend to the loophole.
“The matter was discussed at length and those arguing that the step-aside rule should be shelved were defeated,” an NEC member, who asked not to be named, told Business Day. Two other members said the issue was subject to rigorous debate and was “not rammed” down people’s throats.
Gumede, a Zuma ally, was elected to the powerful position in KwaZulu-Natal despite having been forced to step aside as mayor of the eThekwini metro in 2019 after being charged with 2,500 counts of fraud, corruption, racketeering and contravention of the Municipal Finance Management Act linked to a R300m contract.
“The NEC noted with concern that this has resulted in confusion and serious reputational damage to the organisation,” the ANC said in a statement. “The NEC reiterated the ANC’s position that, as a liberation movement and a governing party, our leaders must be above reproach and that any misconduct or dishonesty is dealt with in a serious and consistent manner.”
However, the position has left Ramaphosa’s political opponents furious as they believe the step, coming ahead of the party’s national conference, has more to do with a faction trying to win leadership elections.
“This is happening now, months before conference. He can see we have support on the ground. He is scared,” a person who belongs to the group opposing Ramaphosa said.
Political analyst Ralph Mathekga said that putting aside suspicions about the timing, the decision to strengthen the step-aside rule is correct. “What matters most now is consistency in terms of implementation,” he said, a point echoed by another analyst, Ongama Mtimka.
Mtimka said: “How were certain leaders allowed to stay in office for so long, and others who had stepped aside able to stand in new elections?”
Another analyst, Ntsikelelo Breakfast, said the lack of consistency had strengthened the hand of those who argue the rule had been applied in a factional manner, which may backfire on Ramaphosa if it encourages “a counter-revolutionary response uniting to mobilise against him”.
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