In a stunning rebuke to the ANC’s much-touted “renewal” project, four of South Africa’s most prominent politicians – Malusi Gigaba, Zizi Kodwa, David Mahlobo, and Cedric Frolick – have been cleared of misconduct charges by the party’s own disciplinary body.
The reason? Shocking administrative failures and a “vague” resolution by the ANC’s top leadership.
The ANC’s national disciplinary committee (NDC), chaired by veteran Ralph Mgijima, delivered a scathing verdict on Friday, dismissing all charges against the quartet.
While the NDC did not rule on the factual guilt or innocence of the four members regarding the Zondo commission findings, it delivered a scathing critique of the party’s internal disciplinary processes under secretary-general Fikile Mbalula’s office.
Mgijima upheld two key technical arguments presented by the members’ legal representative, Mathews Phosa.
The committee found that the ANC’s national executive committee (NEC) had not properly authorised the institution of disciplinary proceedings against the specific individuals and that the charges were brought outside the strict six-month time limit prescribed by the ANC constitution.
Mgijima’s report concluded with a recommendation: “The NEC takes appropriate steps to strengthen the administration in the secretary-general’s office to ensure that disciplinary actions are properly processed.”
He criticised the ANC administration for failing to provide the NEC with a proper report from the integrity commission detailing which members had complied or faced adverse
findings.
“Absent the execution of this administrative responsibility by the ANC, the NEC
discussion … was not given proper guidance.”
The charges stemmed from their alleged defiance of party instructions to appear before the ANC’s integrity commission following damning findings against them in the Zondo commission’s state capture report.
They were also charged with bringing the party into disrepute through “unethical or immoral conduct” based on the Zondo commission’s adverse findings against them, which included allegations of corruption, money laundering, and facilitating unlawful tenders.
But in a ruling that reads like an indictment of the ANC’s internal machinery, Mgijima’s committee didn’t just clear the members. It eviscerated the party’s processes.
The outcome marked not only a win for the accused but also a colossal embarrassment for President Cyril Ramaphosa’s vow to clean house after Zondo. The governing party’s own systems failed.
The NDC ruled decisively that the ANC’s processes were fatally flawed. It found the April 2023 NEC resolution authorising disciplinary action was too vague.
It failed to name specific members or specify the acts of misconduct, meaning there was no clear mandate to charge Gigaba, Mahlobo, Kodwa and Frolick.
He pulled no punches. “Instituting disciplinary action against any member in the ANC is an invasive act … there is an onus on the individual official or structure … to carry out the exercise in a precise manner and with absolute certainty.”
The NDC also determined the ANC missed the constitutional six-month deadline to serve charges after the NEC’s April 2023 resolution. Charges were only served in January 2025.
“The ANC’s argument that the delay was occasioned by the magnitude of the task… may be correct.
“However … the magnitude of the task should not be allowed to overlook this point. The missteps of the ANC were compounded.”
Mgijima firmly rejected the ANC’s argument that the clock only started when Mbalula instructed charges in July 2024, stating, “The calculation of the 6-month period should commence on 25 April 2023.”
He warned that “the ANC had placed great emphasis on its programme to renew the organisation … a key aspect of renewal would have been to act expeditiously. The ANC’s argument … is rejected.”
