The five ANC heavyweights who have been hauled before the disciplinary hearing on various charges, have thrown down the gauntlet to secretary-general Fikile Mbalula to prove that he obtained authorisation from the national executive committee (NEC) to charge them.
Zizi Kodwa, David Mahlobo, Obed Bapela, Malusi Gigaba and Cedric Frolick have submitted that contrary to charge sheets, there was no resolution taken by the NEC to discipline them, suggesting that Mbalula acted on his own.
The explosive information, which will fuel speculation that the charges were politically motivated, came to the fore during and before the disciplinary hearing of the big guns two weeks ago.
Consequently, the disciplinary proceedings were placed on hold until March 20 to allow Mbalula, who instructed ANC presenter Uriel Abrahamse to draft the charges, to clarify which NEC resolution, if any, gave him the authority to refer the five to the disciplinary committee.
Abrahamse, acting on Mbalula’s directive, stated in the charge sheets that the NEC resolved to pursue actions against former ANC spokesperson Kodwa, Deputy Minister of Water and Sanitation Mahlobo National Assembly house chairperson Frolick, and former public enterprises minister Gigaba, who were linked to state capture allegations during the commission of inquiry led by retired chief justice Raymond Zondo.
However, the accused members, including Bapela, the deputy minister of public enterprises – whose separate case relates to an “unauthorised” trip to Morocco last year, where he spoke on behalf of the party without prior approval from leadership.
The accused have challenged that the NEC gave the green light to disciplinary charges and demanded evidence to substantiate the claim. The five also argued that the charges are outdated, lack substance and do not break ANC rules.
Sunday World understands that ANC veteran and lawyer, Mathews Phosa, who represented the five members, wrote a letter on February 13, before the hearing, to the ANC national disciplinary coordinator Rachmat Lamera, stating that the accused feel that they have been vilified and defamed unfairly.
“Please clarify, and if possible, please share with me the relevant NEC decision instructing that these five comrades be charged,” reads the letter, which Sunday World has seen.
During the hearing, the same questions were asked to the presenters of the case, who appeared ill prepared and couldn’t provide answers.
The two parties, as a result, took a decision to refer the merits of the charges back to Mbalula.
Sources said Mbalula has until March 20 to clear up the “mess,” or the disciplinary committee would have to drop the charges.
Regarding Bapela, a source said, “It was in the NEC, where the SG (Mbalula) pushed for the matter but was asked by the officials why he was there without processing it with officials, whether he [had] met with comrade Bapela, and lastly, that he share a report with officials.
“SG has received two reports, never acknowledged, never shared with officials, and has not processed the matter to officials”
Kodwa, Gigaba, Mahlobo and Frolick are accused of failing to adhere to the NEC’s instruction that all ANC members summoned to appear before the Zondo commission should appear before the integrity commission or face disciplinary charges.
During the pre-trial on Monday two weeks ago, chaired by ANC legal eagle Krish Naidoo, Phosa raised three grounds on which the charges must be scrapped. He pointed out that the charges had not prescribed in line with ANC disciplinary rules that require the defendants to be disciplined within six months. In the second objection, the defendants argued that there was no NEC mandate to charge them.
Lastly, the defendants submitted that “the charges were baseless and do not constitute any offence or violation of the ANC constitution”.
Kodwa faces accusations that his conduct, “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.
Mahlobo was also mentioned in the Zondo report. As a former state security minister, he was accused of receiving substantial sums of money and supporting initiatives linked to former president Jacob Zuma’s agenda. Gigaba battles similar charges in 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”.
Frolick allegedly “engaged in conduct that brings the ANC into disrepute, pertaining to money laundering, corruption, and/or fraud”. The commission found that “the evidence establishes that there is a reasonable prospect that further investigation will uncover a prima facie case of money laundering, corruption, and/or fraud …and the matter is accordingly referred for further investigation”.
The ANC could not be reached for comment.
