Former Nelson Mandela Bay Metro councillor Andile Lungisa has lodged an appeal application to the ANC national executive committee against the party’s national disciplinary committee’s decision to suspend him.
This after the high court in Eastern Cape dismissed his application on Thursday.
Lungisa, the treasurer-general hopeful, sought interim relief after the Eastern Cape provincial executive committee (PEC) announced recently that his membership has been suspended until September 6 2023.
He is charged with breaking the constitution of the ANC after he hit an opposition party member in the head with a glass jug.
Reads the appeal application: “Following the release of the NDCA [national disciplinary committee] outcome report, the appellant applied to review the NDCA outcome in the national executive committee.
“The Eastern Cape provincial executive committee of the ANC was duly notified of the review. The review of the NDCA decision is allowed in terms of rules 25.29, 25.30 and 25.31, and those rules state:
“Review by NEC 25.29: The NEC may, in its discretion, review any decision taken by any of the disciplinary committees [if it was the final arbiter] to ensure that procedural fairness has been afforded to the charged member, appellant or applicant for review, as the case may be.
“25.30: If the NEC finds that procedural fairness has not been afforded to the charged member, appellant or applicant for review, as the case may be, the NEC shall refer the matter back to the appropriate disciplinary committee for rehearing.
“25.31: The members of the NEC who were party to the institution of the disciplinary proceedings and 25 ANC constitution members of the NDCA, or NDC, as the case may be, who are also members of the NEC and who presided over the hearing and appeal or review concerned, shall recuse themselves from the NEC meeting during the discussion of the case.”
Lungisa said the ANC Eastern Cape provincial secretary orchestrated his suspension, alleging that he knew that the NDCA outcome was being reviewed, and noted that the PEC members are not allowed to act on matters pending before the “higher structure”.
According to Lungisa, the aim was to remove him from the PEC, and as branch member to the national conference, and to deny him his rights in terms of rule 5 of the party’s constitution.
“The office of the secretary-general noted the appellant’s complaint but is yet to take a decision on the matter,” he said.
In his defence, Lungisa said: “I was not convicted for fraud but for acting in self-defence in a physical fight at the municipal council. That’s all I did, I served my prison sentence for the conviction.
“I urge the conference to allow me to participate as a branch delegate, and if elected, to accept election and to step aside in future, should the review not go my way even after exploring all legal avenues.”
Lungisa wants the NEC to review and set aside the disciplinary committee’s decision and to be allowed to participate and contest for positions at the party’s 55th National Conference which got under way at the Nasrec Expo Centre on Friday.
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