ANC boss Fikile Mbalula has cornered the high-profile ANC members who challenged him to produce evidence of the disputed resolution of the national executive committee (NEC) to charge them when he submitted it to their legal team, effectively narrowing their chances of escaping the disciplinary hearing.
Mbalula’s submission of the crucial NEC resolution, which was believed to be non existant, has put paid to rumours that he was on a frolic of his own and abusing his powers to purge those who do not agree with his politics and also opposed to his 2027 presidential campaign.
The big guns who are facing the music are former ANC spokesperson Zizi Kodwa, Deputy Minister of Water and Sanitation David Mahlobo, former public enterprises minister Malusi Gigaba and National Assembly house chairperson Cedric Frolick and Obed Bapela, the deputy minister of public enterprises. Kodwa faces accusations that his conduct of “being beholden to Mr Jehan Mackay detracts from the character, values, and integrity of the ANC”.
He was criminally charged by the NPA with fraud and corruption after the Zondo commission’s findings that he received more than R1.6-million from Mackay when he was the national spokesperson of the ANC to influence tenders. The charges against Kodwa have since been withdrawn by the NPA.
The Zondo report accused Mahlobo, a former state security minister, of receiving substantial sums of money and supporting initiatives linked to former president Jacob Zuma’s agenda.
Gigaba faces similar charges, alleging that he “neglected to execute or comply with any ANC standing order or rule”.
He is also charged with “facilitating state capture, corruption and racketeering, bringing the ANC into disrepute”. Bapela faces a separate case relating to an unauthorised trip to Morocco last year, where he spoke on behalf of the party without prior approval from leadership.
According to Mbalula’s evidence, on April 25, 2023, the NEC meeting at the Birchwood Hotel in Ekurhuleni mandated the national disciplinary committee (NDC) to investigate all members implicated in the Zondo commission’s state capture report who had ignored the party’s directive to present themselves before the ANC’s integrity commission (IC).
As per the resolution, the NEC instructed the accused members, initially numbering about 90, to provide “detailed reasons” for their failure to appear before the party’s ethics watchdog as mandated in 2022.
Additionally, these members are required to submit a comprehensive response to the Zondo commission findings and disclose “all information related to allegations” against them.
The resolution further demands that party members outline measures taken to “mitigate the negative impact” of their actions on the ANC’s reputation.
The resolution, which this publication has seen, partly reads as follows: “Refer all comrades named in the report on state capture who have not presented themselves to the IC to the national disciplinary committee.”
Even though Mbalula has submitted the resolution, there are other preliminary issues which remain a bone of contention, and the ANC has admitted that these should be dispensed with to determine whether the hearings should proceed.
These issues, referred to legally as points in limine, include that the charges exceed the ANC’s six-month disciplinary window period and that the allegations lacked merit.
The disciplinary process came to a halt in February, clouded by allegations of political manoeuvring and procedural missteps.
Mbalula’s move sets the process back on track for an unspecified date later this month after the Easter holidays ending on April 21.
With the resolution now on record, the NDC, led by chairperson Ralph Mgijima, is slated to resume with pretrial hearings that were halted on February 24.
In a letter to the defendants dated March 26, Rachmat Lamera, the administrator of the NDC, emphasised the procedural roadmap for the hearings.
“The points in limine raised by the defence will be heard together for the sake of convenience,” said Lamera”
Representing all five respondents, ANC veteran and lawyer Mathews Phosa is expected to challenge the proceedings on the specific points in limine, which will be addressed at the start of the hearings.
Lamera noted that following the resolution of these preliminary issues, the cases may be adjourned if necessary to facilitate the arrangement of oral evidence and witness testimonies.
“The date for a physical hearing has been strategically set for a Saturday after the Easter weekend to accommodate all involved parties,” Lamera explained.
