Acting ANC secretary-general Paul Mashatile has laid down the law in the party’s succession battle, blocking anyone facing serious criminal charges from participating or being nominated by branches to contest any leadership positions at the national conference in December.
This could be an advantage for ANC president Cyril Ramaphosa going into the December conference as some of his main threats to re-election are either affected by the step-aside rule or could soon be affected.
This is in line with the party’s resolution to clean up its image, which has over the years been associated with corruption and criminality, resulting in significant loss of support in local and national elections.
The guidelines released by Mashatile to branches ahead of the ANC’s nomination process in August effectively shut the door on suspended ANC secretary-general Ace Magashule’s ambitions. He faces a raft of charges, including corruption and money laundering, in the R255m asbestos auditing tender that was awarded during his tenure as the Free State premier.
Zweli Mkhize, who is said to be another aspirant for the top job, could be on the brink of going the same route if he is charged for his role in the Digital Vibes scandal. Mkhize has been referred to the National Prosecuting Authority by the Special Investigating Unit for possible prosecution for his alleged involvement in the corruption involving a R150m communication tender Digital Vibes from the department of health when he was minister.
However, Ramaphosa himself is also not out of the woods as he is facing investigations into the robbery of millions in foreign currency and an alleged cover-up that took place at his Phala Phala farm in 2020. If the Hawks investigation leads to his being charged, then Ramaphosa will himself not be able to stand for nomination as president.
“No-one may contest ANC elections for leadership if they have been found guilty of, or have been charged with, unethical or immoral conduct or any serious crime or corruption,” the document reads.
“A serious crime is defined by the electoral committee as a crime that could result in a prison sentence of longer than six months. A charge is defined as being charged in a court of law. This rule applies also to members who have been charged with any criminal offences in cases that are still being heard, or where a judgment or sentence is being appealed.”
The document comes amid the push by some ANC leaders and some party structures to suspend the step-aside rule at the party’s policy conference later this month.
The document also prohibits from nomination those who have been found guilty by the disciplinary committee of the party or are undergoing such a process.
Another leader who is unlikely to make a comeback into the national executive committee is former state security minister Bongani Bongo.
While the document was silent on provinces, a number of provincial leaders — such as Limpopo strongman Danny Msiza, eThekwini regional chair Zandile Gumede and Mpumalanga treasurer Mandla Msibi — have been affected by the step-aside rule.
The rule has further divided the ANC in the past two years, with those affected accusing Ramaphosa allies of using it to deal with his political enemies.
But the document released by Mashatile on Monday effectively shows that the party’s leadership remains steadfast and will bar any of the affected leaders from being nominated by branch members.
The electoral committee “must use these rules to vet all nominees that make it onto the list of those who may appear on a ballot paper, and exclude those affected by any part of rule”, the document reads.
The document states that the ANC will allow its top six contenders to arrange public debates as part of their campaigns before the conference.
The party will also for the first time allow top six and national executive committee contenders to openly run their campaigns in public, though under strict rules.
Funding rules
The ANC will allow the use of money for campaigning under strict guidelines and for specific processes, such as paying for the venue of a public gathering during the campaign.
These rules, contained in a document sent out to provincial structures on Monday, will be overseen by the electoral committee headed by former deputy president Kgalema Motlanthe.
As part of the rules, the party prohibits printing of T-shirts with faces, slogans or names of individual campaigns but allows contenders to campaign on social media, through media interviews and public platforms and gatherings.
According to the document, campaign managers are prohibited from busing and booking “their” delegates into different hotels during the conference weekend as per the norm.
The party will allow for campaigns to raise money and pay for public gatherings but also under strict guidelines and for specific things.
The ANC also demands full disclosure of the list of donations as well as financial records of all the spending on the campaign.
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