Secretary-general’s actions have the potential to bring the party into disrepute

09 December 2020 – 15:51 https://spkt.io/e/1359161

There are two provisions in rule 25 of the ANC constitution that ought to come up for careful consideration and (possibly) implementation when Ace Magashule presents himself to its internal integrity commission on Saturday (“Compromise on the cards in ANC’s Magashule saga”, December 7).

Sub-rule 25.17.4 reads: “Engaging in any unethical or immoral conduct which detracts from the character, values and integrity of the ANC, as may be determined by the Integrity Commission, which brings or could bring or has the potential to bring or as a consequence thereof brings the ANC into disrepute …”

In similar vein is sub-rule 25.17.3: “Failing, refusing or neglecting to execute or comply with any ANC policy, standing order, rule, regulation or resolution adopted or made in terms of this constitution or breaching the provisions of this constitution …”

The ANC’s position, a sound one to take when its leader calls the organisation “accused number one”, is clearly that members charged with serious crimes should stand down pending the final outcome of their criminal trials. Ace Magashule has been charged with corruption and has, in an act of defiant indiscipline, refused to stand down.ADVERTISING

How will he answer the obvious question: why do you suggest that your stance and your failure to stand down until your name is cleared do not have the potential to bring the ANC into disrepute?

Whether Magashule is asked that question is another matter entirely. The true issue is the protection of the reputation of the ANC, not his guilt or innocence. Standing down temporarily does not imply an acknowledgment of guilt, it displays respect for the valid and binding rules of the ANC. Rules made to protect organisational integrity.

Paul Hoffman, SC
Accountability Now