ANC moves to crack down on unruly members by getting step-aside rule cemented into constitution

These prospective changes to the ANC’s constitution, which have already been endorsed by the party’s National Working Committee (NWC), seek to address issues pertaining to organisational renewal of the fractured and vulnerable governing party.

The internal party document, drawn up by the National Executive Committee (NEC) subcommittee on constitutional and legal affairs led by Ronald Lamola, not only seeks to constitutionalise the step-aside rule, but includes the expulsion of members who fail to comply with the guidelines or its terms and conditions. 

The document, which has been seen by Daily Maverick, has been released to regional and provincial secretaries so that amendments can be discussed at the national conference in December. 

The step-aside guidelines, like the Integrity Committee, are ANC national conference resolutions which were never formally added to the party’s constitution. 

“Any failure to comply with this rule in any manner whatsoever or any failure to comply with any terms and conditions set in terms of this rule, constitutes an act of misconduct in terms of Rule 24.18.1 and upon conviction leads to automatic expulsion,” the document reads.

Read more in Daily Maverick: “War on accountability: KZN ANC’s call to scrap ‘step aside’ rule is also a push for return to the past”

The amendment sets out that anyone who is convicted in a court of law of any offence pending the finalisation of any appeal or review or any other court proceeding or any disciplinary proceedings in the organisation, should step side. The rule will apply to those who are indicted to appear in court on any charge. The party’s secretary-general will then be given a directive by the relevant bodies to send an official letter requesting that the member step aside within a specified time or immediately face temporary suspension. 

The subcommittee suggests the step-aside or temporary suspension remain in force pending the finalisation of all processes or proceedings, including any disciplinary hearings, appeals or reviews, whether inside or outside the organisation, relating to such matters. The committee will be given the right to impose any terms and conditions to regulate the member’s participation and conduct during the suspension or step-aside period, including standing for any positions. 

“During the period of the voluntary step-aside or temporary suspension the elected office bearer, public representative, member or deployee shall not be entitled to exercise any of his or her rights in terms of the constitution, save for attending the disciplinary proceedings and enforcing his or her right of appeal,” the document states. 

“In addition, any public representative, elected office bearer, member or deployee shall during the period of suspension or step-aside be prohibited from standing in or accepting any position or post, whether elective or co-opted, on a Branch Executive Committee, Regional Executive Committee, Provincial Executive Committee or NEC.”

The proposal to bar anyone who has stepped aside from standing for election to any position only came to the fore recently, since some members were able to contest despite facing serious charges. 



This comes just weeks after the ANC’s national policy conference in Nasrec, where party president Cyril Ramaphosa announced that the majority of delegates had endorsed that the step-aside rule remain in place. 

The party’s divisions on the matter had started to show just before the gathering. Provinces recently held general provincial councils, where they took a stance on the resolution – Limpopo and KwaZulu-Natal wanted it scrapped, while Mpumalanga, the Eastern Cape and the Northern Cape wanted it to be retained.

The resolution has caused much controversy within the party since it was formally introduced in 2021, with one of its first casualties being secretary-general Ace Magashule. He refused to step aside and had to be suspended from his position. 

Others who have borne the brunt of the ruling include former ANC Limpopo treasurer Danny Msiza, former eThekwini mayor Zandile Gumede, the former mayor of the Mangaung Metropolitan Municipality, Olly Mlamleli, and former parliamentary portfolio committee chairs Bongani Bongo and Zukiswa Ncitha.

Integrity Committee to be strengthened

At the same time, it has been suggested that the Integrity Committee be allowed to run a parallel process with the courts or any other structure that has charged a member, unless sanctioned by the relevant political structure.

President Cyril Ramaphosa with energy minister Gwede Mantashe at the ANC 6th National Policy Conference held at Nasrec, Johannesburg on 29 July 2022. (Photo: Felix Dlangamandla)

Delegates singing on the last day of the ANC’s 6th National Policy Conference held at Nasrec on 31July 2022. (Photo: Felix Dlangamandla / Daily Maverick)