As the ANC prepares to gather for its national policy conference, President Cyril Ramaphosa is likely to lead a potentially intense effort to push back against calls for the so-called step-aside rule to be scrapped.
The debate about the rule, which forces members charged with corruption or other serious crimes to leave their posts or be suspended, is central to Ramaphosa’s aspirations of building a legacy of cracking down on corruption, which became endemic under his predecessor, Jacob Zuma.
But his critics say the rule is being used to fight factional battles in the party, which is split between those in favour of Ramaphosa’s policies and those still flying the flag for Zuma’s vaguely defined radical economic transformation agenda.
Business Day spoke to the ANC’s provincial leaders in KwaZulu-Natal, Limpopo, the Eastern Cape, Mpumalanga, the North West and Free State. All agreed the policy conference will serve as an opportunity for the top brass to read the mood of the rank-and-file on the step-aside rule.
“It is a decision of the ANC’s national conference. What the policy conference can ask for is a review in the build-up to the next national conference,” said Oscar Mabuyane, the ANC’s chair in the Eastern Cape. “The policy conference cannot overturn decisions taken at the ANC’s national conference. ‘Step aside’ must be respected by all.”
The national executive committee — the party’s highest decision-making body between national conferences — implemented the step-aside rule only in 2021, and since then has strengthened its implementation to disqualify those facing criminal charges from standing in the party’s leadership elections.
ANC secretary-general Ace Magashule, eThekwini chair Zandile Gumede, Mpumalanga treasurer Mandla Msibi and the party’s Limpopo heavyweight, Danny Msiza, have all been affected. In addition, those who benefited or facilitated state capture are being investigated by state security agencies, as is former health minister Zweli Mkhize, who resigned over a R150m communications tender.
Ramaphosa himself could be in the firing line after former spy boss Arthur Fraser laid a criminal complaint, accusing him of kidnapping, theft and money laundering related to the theft of millions of dollars at his Phala Phala farm.
The ANC in Limpopo discussed the step-aside rule at its provincial general council (PGC) this week and has come out to call for a “review” in the build-up to the party’s national conference in December. The meeting, however, noted that the step-aside rule is dividing the ANC.
Business Day reported on Tuesday that the ANC in KwaZulu-Natal would push for the rule be scrapped. Provincial secretary Bheki Mtolo said the province believed the rule was illegal and unconstitutional.
“The ANC is the only political party where this rule applies. It is used as a means of suppressing and alienating members, and it ought to be scrapped. It affects KZN, Limpopo, Free State and Mpumalanga,” Mtolo said.
ANC Mpumalanga provincial secretary Muzi Chirwa said the province still supported the step-aside resolution.
“We will be issuing our position after the PGC, but for now it might be premature to pronounce. The stance of the province in Mpumalanga is to cleanse the organisation of the ills that are there. Scrapping it [the step-aside rule] will take the ANC far back and reverse whatever gains it’s had in the fight against corruption,” Chirwa said.
North West co-ordinator for the ANC’s interim provincial committee, Hlomane Chauke, said the structure believed the resolution was correct until reviewed by the ANC national conference.
Free State ANC spokesperson Oupa Khoabane said the province had its policy discussions on Saturday and among these was organisational renewal, where the step-aside rule was discussed.
Khoabane said a decision was taken that all proposals flowing from the commission be taken to the interim provincial committee for refinement before the policy conference.
“You are charged and leave your duties in the organisation and government for two to three years, after five years, the state withdraws [the case]. It is torturing on individuals. When people are charged, the state must have done enough work to say that we really have a case here.”
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