As he makes a bid to become ANC president at its next elective conference, still scheduled for 2022, party secretary-general Ace Magashule will not step aside any time soon.
Magashule has been charged with fraud and corruption related to his term as Free State premier and overseer of the R255-million asbestos roofing contract. According to the party’s 2017 ethics resolution, he should now step aside from his role following a December finding by its Integrity Commission.
But he has hung tough since then and a set of step-aside guidelines, developed by a legal committee, favour him staying in office. The guidelines were first reported by City Press and reveal that Magashule’s office has been given massive power to decide how, when and if members facing charges step aside or not.
The guidelines also dilute the previous authority of the Integrity Commission (the graphic below shows how). Whereas the commission had the power to call members, this appears now to have been taken away. The secretary-general’s office will undertake a 21-day investigation before deciding whether to refer the matter to the integrity body.
And whereas the party’s resolution was clearly framed (any cadre facing an allegation of malfeasance or a criminal charge was to step aside from their position), the guidelines have introduced new steps to make it more complex.
There must be independent sources; the balance of interests of the member accused and the organisation be taken into account; the perception and reputation of the ANC must be taken into account, and the burden of proof is introduced.
Previously, the resolution placed the onus of proof on the courts – now it is with the integrity body. Also, the guidelines introduce new procedures for the commission, which has its own terms of reference and has operated with a degree of independence and at arm’s length from the party.
The guidelines determine that the commission’s reports must be based on “credible evidence” (ruling out media reports, which have been a measure until now), must take account of a member’s acceptable explanation (it doesn’t say who determines what is “acceptable”), and must be issued through the secretary-general’s office.
Magashule is spitting mad about the commission’s December report, which found that the party’s national executive committee (NEC) should instruct him to step aside. The commission distributed that report to individual members of the NEC instead of funnelling it through his office, so the guidelines ensure that all reports can only go through him in an assertion of control.
Magashule’s campaign, revealed during his court appearance on 19 February, shows he will not step aside even if instructed to do so. His supporters said on camera he would only stand down if branches tell him to do so. And that court appearance shows that will make a bid for party president.
This video clip tweeted by Tebogo Khaas is of supporters surrounding Magashule as he takes a ride around Bloemfontein, his stronghold, after his court appearance, standing up through the car’s sunroof. The song is an ANC praise song to “my president”. It’s a clear signal that the rumours of his presidential plan are now out in the open.
— Tebogo Khaas (@tebogokhaas) February 19, 2021
The Integrity Commission is a body of elders which was meant to exercise moral suasion, and a call to what the party calls revolutionary consciousness to guide its cadres’ action.
The new guidelines demand that it undertakes investigations, use legal evidence laws and institute the burden of proof used in court before members are made to step aside.
It does not have the funding or capacity to do so and could thus be rendered powerless. As Stephen Grootes explains here, the decision by Judge John Hlophe that the case against ANC MP Bongani Bongo had little chance of success has also confounded prospects for the implementation of the step-aside rule.
ANC spokesperson Pule Mabe did not answer repeated calls for comment. DM