POLITICS

The whole ANC NEC must step down – MKMVA PEC

Resolves to support mobilization aimed at getting Ramaphosa and his executives to do the right thing

Media statement about the Gauteng Provincial General Council (PGC) that was held on the 9th of July 2022

12 July 2022

The Umkhonto we Sizwe Military Veterans Association (MKMVA) Gauteng Provincial Executive Committee (PEC) held a Provincial General Council (MKMVA PGC) on Saturday the 9th of July 2022 at the Booysens, at the Booysens Hotel and Conference Centre.

This Provincial General Council (PGC’s) was held in accordance with a decision that had been taken by the MKMVA National Executive Committee (NEC) that PGC’s must be held in all nine provinces. Once all these PGC’s have been held, they will culminate in convening a National General Council (NGC). This is in accordance with the Constitution of MKMVA.

All of these organizational activities are part of the ongoing existence and full functioning of MKMVA throughout the country, with the membership of MKMVA being fully in tact, and active in implementing the MKMVA Program of Action (POA) in pursuance of representing the interests, and legitimate demands of MK veterans.

It must be emphasized that MKMVA does this as the only legal Association representing MK veterans.

In this regard it must be noted that the MKMVA Gauteng PGC had an outstanding attendance - in fact it was oversubscribed - confirming that MKMVA is alive and well, and fully operational at all organizational levels. It must be noted that over this same weekend the MKMVA Limpopo Provincial Executive Committee (PEC) also held a PGC, which was similarly well attended and successful.

The MKMVA Gauteng PGC received a detailed report from the National Executive Committee (NEC) of MKMVA about the collapse of the so-called ‘All Inclusive MK Unity Conference’, and the steps that have been undertaken by the National Working Committee (NWC) and National Executive Committee of MKMVA to deal with the resultant consequences.

In summary the MKMVA NEC Report covered the following areas:

1. Background (Genesis of the situation).

It is well-known that the so-called MK Unity Conference, that was held from the 28th of April until the 30th of April in East London was a failure and collapsed. MKMVA delegates formally placed it on record on Saturday the 30th of April that MKMVA decided to officially withdraw from the Conference, and registered and official dispute.

The NEC Report emphasized that any narrative that the Conference was supposedly successfully concluded, and that a new structure had been established, is a propaganda lie that does not reflect the facts. The said Conference was touted as an inclusive unity effort, and thus at the moment when the MKMVA delegates officially withdrew from the Conference, it lost its legitimacy and was officially and effectively collapsed.

The NEC Report furthermore emphasized that the MKMVA delegates’ decision to withdraw from the gathering was based on a careful analysis of the historical background that led to the holding of the ‘Conference’ in the first place, as well as the concerns about a series of events, and the administrative maladministration and chaos in the run-up to the Conference, as well as the manner in which the ‘Conference’ was run for the few hours that it was actually officially sitting.

The NEC Report reminded the delegates of the PGC that the 54th National Conference of the African National Congress resolved that there should be a single MKMVA formation, and the NEC of the African National Congress should drive this process. It is important to note that the 54th National Conference did not resolve on the disbanding of MKMVA, as it had no authority in law to interfere with the rights of another juristic person.

The NEC of MKMVA agreed to participate in this process of unifying MKMVA and MK National Council. In order to properly execute the 54th ANC National Conference resolution, a joint structure was established at the time under the auspices of the Peace and Stability Sub-committee of the NEC, and chaired by comrade Tony Yengeni. The structure was termed the ‘six aside’ meetings.

The aforesaid structure developed between the year 2019 to 2021 a road map for a unity conference, as well as a draft Constitution to be adopted in an all inclusive national conference of former MK soldiers.

The work commenced by the joint ‘six aside’ meetings was undermined, and nothing close to the work done and recommendations that were implemented in the gathering which took place in East London, which was purported to be a ‘unity conference’. The NEC Report again re-affirmed that MKMVA denies and object that such gathering was a ‘unity conference’ at all.

To the contrary, the manner in which the ‘Conference’ came about turned out to be the direct opposite of the letter and spirit of the MK Unity Resolution of the 54th National Conference of the ANC. In fact, it culminated in an ill-conceived effort of one faction within the African National Congress (ANC) to hijack MK veterans for their own nefarious and factional purposes. The MKMVA delegates at the East London gathering therefore, on a matter of principle decided not to allow such an aberration to continue.

In the light of these facts it was resolved that the MKMVA leadership, which was duly elected at the 5th Elective National Conference in 2017, must continue to discharge its mandate, and conduct its affairs in accordance with the MKMVA Constitution.

In the light of this resolution the MKMVA NEC proceeded with its duties. Several extended National Executive Committee (NEC) meetings were held, and a way forward was officially developed, which included an MKMVA Program of Action, in pursuance of the decision to conduct the affairs of MKMVA in accordance with the MKMVA Constitution.

The NEC Report included a detailed overview of the funding and organization of the East London gathering in order for the PGC to understand the reasons for the decisions of the MKVA NEC, and the subsequent work done.

2. Funding and organization of East London gathering.

The East London gathering was supported by funding from:

The Department of Military Veterans (DMV).

Number of Attendees or delegates:

568 attendees registered for the so-called Conference, as opposed to the expected 738, however the program director (ANC NEC Member, comrade David Mahlobo) ruled that the captured number of 568 during the credentials was valid and proceeded with the gathering.

Organizational Overview:

Over a period of 5 days from the 27th April to the 1st of May 2022, organizational maladministration and chaos prevailed. Presentations were not structured and ready for the discussion sessions, or commissions, including the program to guide the proceedings had challenges and omitted the opportunity to deal with most of the issues that the MK community grapples with.

Conference Format:

The five-day gathering was supposed to have been structured and perceived to foster/ forge unity discussions between participants around the issues that faces the MK community in their daily lives, but arrogance and pre-conceived notions ruined the proceedings, and shattered the aspirations of MK veterans.

Registration/Accreditation:

Registration for the conference was open from Wednesday, 27 April 2022 but unprofessionalism, incapacity etc. encountered from both the contracted service provider and the DMV as alleged including the administration or accreditation team, was of grave concern.

Covid-19 Management:

Even though South Africa has moved away from the state of disaster, certain protocols to manage and curb the risk are still adhered to, hence measures were also put in place for access control purposes.

It was disturbing that only one member of MKMVA, namely comrade Carl Niehaus was diagnosed and alleged to have tested Covid-19 positive, out of more than 500 people, of which about 95% were not even vaccinated.

Program:

As the program was not provided in advance, and confusion and uncertainty among participants grew, it also became clear that the event had evolved from a unity program, into a !strategic retreat"#of managing and manipulating delegates.

Given that trust and honesty, are essential for the success of such an event, the gathering inadvertently followed the clandestine rule, and was closed to the media in order to hide from the public the intended and planned coup d'etat of MKMVA, including our Association’s assets.

The NEC Report detailed how in reality, during the past years, MKMV found it difficult to deal with such tendencies due to factional battles that are playing itself out in our midst in a very divisive manner.

We have also seen the emergence of character assassination among some of our members being the emergence of the use of lies and fabrications by members of the ANC to promote their political objectives.

3. Letters that the MKMVA NWC dispatched to the ANC SGO, SANMVA and the DMV, as well as the members of the Alliance and the ANC Leagues, concerning the decision to proceed with our constitutional existence, and all activities of MKMVA as a fully fledged legal entity.

The NEC Report informed the PGC that the 10th of May 2022 the MKMVA NWC dispatched three letters respectively to the ANC Secretary General Office (SGO), the South African National Military Veterans Association (SANMVA) and the Department of Military Veterans (DMV) in order to officially inform these entities that MKMVA officially withdrew from the “highly unsatisfactory and failed so-called All Inclusive MK Unity Conference”, and that this decision by MKMVA officially collapsed the Conference and rendered the whole Conference, and all decisions that are purported to have been taken there, null and void. The letters also stated that MKMVA was never officially disbanded, and that since MKMVA is an autonomous Association with it’s own legal persona and Constitution, any attempt that was made by the ANC NEC to disband MKMVA was illegal.

The NEC Report informed the PGC that the 10th of May 2022 the MKMVA NWC dispatched three letters respectively to the ANC Secretary General Office (SGO), the South African National Military Veterans Association (SANMVA) and the Department of Military Veterans (DMV) in order to officially inform these entities that MKMVA officially withdrew from the “highly unsatisfactory and failed so-called All Inclusive MK Unity Conference”, and that this decision by MKMVA officially collapsed the Conference and rendered the whole Conference, and all decisions that are purported to have been taken there, null and void. The letters also stated that MKMVA was never officially disbanded, and that since MKMVA is an autonomous Association with it’s own legal persona and Constitution, any attempt that was made by the ANC NEC to disband MKMVA was illegal.

Similar letters were also written to the Alliance, and the three ANC Leagues, in order to appraise them of the continuing existence, and legal status, of MKMVA.

In the said letters it is also explained that no decision was taken at the failed so-called ‘Unity Conference’ in East London to disband MKMVA, and that therefore MKMVA in terms of its Constitution continues to exist through all legitimate and legal structures at all levels, from national and provincial to regional, throughout the Republic of South Africa. Thus, that MKMVA continues to execute all our rights and duties in terms of our Constitution and legal existence.

The letter to the SGO of the ANC stated that MKMVA will remain the sole, and only, legal owner of all the assets of our Association, and will administer those assets accordingly, and in the interest of the well-being of our members.

The letter to SANMVA stated that MKMVA will continue to function as a fully fledged member of SANMVA, and will participate in all the activities of SANMVA, including the forthcoming SANMVA Conference, and our MKMVA delegates will be eligible for nomination and election in any position on the SANMVA Executive.

In the letter to the Department of Military Veterans (DMV) it is categorically stated that the MKMVA is legally the sole, and only, Association representing MK veterans, and that MKMVA is thus entitled to the legally defined support that the DMV in terms of the law is bound to provide, and that as such MKMVA will continue to present projects and programs for funding by the DMV as prescribed by the law.

4. MKMVA NWC meeting with comrade David Mabuza, Deputy President of the ANC (and of the country) and chairperson of the Presidential Task Team (PTT) for Military Veterans, together with comrade David Mahlobo, Chairperson of the ANC NEC Peace and Stability Sub-committee.

The MKMVA NWC reported that it met twice with Deputy President David Mabuza and comrade David Mahlobo on their request at the Deputy President’s official residence, OR Tambo House, in Pretoria, Tshwane. These meetings took place on the invitation of Deputy President Mabuza, in order to discuss what transpired on the 27th of April to the 1st of May in East London during the gathering that was purported to be a unity conference.

At these meetings the MKMVA NWC indicated the challenges that were experienced during the East London gathering, and that the so-called MK Unity Conference was a disaster right from the beginning, characterized by the failure to give everyone conference packages, including discussion documents and the draft constitution to be adopted, as well as the guidelines about how the MK Unity Conference was to be conducted. The MKMVA NWC also described how persons who walked in were allowed to participate as a voting delegates, thus totally disregarding the delegates that were nominated by the Provinces, and also that a Conference Agenda was only presented on the third day of the supposed Conference.

The MKMVA NWC told the Deputy President that the reason why MKMVA withdrew from the so-called unity Conference was because we resolved to challenge any person who will be masquerading as a leader of MK veterans, as well as the whole outcome of the East London gathering. The Deputy President was told that MKMVA is not prepared to legitimize and illegitimate farce.

The ANC Deputy President informed the MKMVA NWC in these meetings that the ANC NEC is going to recognize the outcomes of the gathering in East London, and that MKMVA will be left out, and will not be supported by Government and the ANC.

It was reported to the PGC that the MKMVA NEC instructed attorney Andries Nkome of the well known law firm Phosa Loots Incorporated, to oppose any such action by the ANC legally.

5. Legal action.

The PGC was informed that the MKMVA NEC instructed our attorneys to proceed to interdict the so-called unity ‘Conference’, and to have the whole ‘conference’ and all the decisions taken there nullified. On the basis of that decision a formal letter was written to the Secretary General’s Office (SGO) of the ANC by the Acting President of MKMVA, comrade Taylor Nsimbini, in which he stipulated on behalf of the MKMVA NEC all our concerns and reasons why we decided to formally withdraw from the so-called ‘conference’.

The said letter furthermore advised the ANC SGO that MKMVA will continue to function in terms of the MKMVA Constitution, and that MKMVA will arrange and hold all the national, provincial and regional meetings and engagements, as stipulated by our Constitution in the course of this year.

The MKVA NEC letter also requested an undertaking that our MKMVA staff and/or employees will not be intimidated, and that MKMVA will not be placed under any form of duress to vacate our offices on the 7th floor of Luthuli House.

It was reported that the letter furthermore informed the ANC SGO that MKMVA is proceeding with an application in the High Court for investigation of wasteful expenditure by the Department of Military Veterans, which was central in organizing the failed conference, and that public funds were unjustifiably wasted.

This Report by the MKMVA NEC was received, and adopted by acclamation by the PGC. In the discussions that followed the MKMVA members present at the PGC urged the MKMVA NEC to follow through on all the actions that have been resolved on, and to proceed uncompromisingly with the legal interdict to declare the East London gathering, and all the decisions taken there - including the formation of the so-called MKMLWC and their ‘Interim Committee’ - null and void.

The PGC also considered the current socio-political crisis in the African National Congress (ANC) and in the country. The collapsing economy and sky-rocketing prices of basic commodities, especially the outrageous and totally unacceptable high petrol price and the continuing disaster that is unfolding at ESKOM with ever increasing levels of load-shedding. The devastating consequences thereof were bewailed.

The PGC was clear that urgent and drastic interventions are required in order to prevent the destruction of the ANC and the collapse of our country. There was consensus that President Cyril Ramaphosa and the whole National Executive Committee (NEC) of the ANC are failing dismally, and should vacate their positions immediately.

In the light of all of the above, the MKMVA Gauteng Provincial General Council formally adopted the following Resolutions:

The Umkhonto we Sizwe Military Veterans Association (MKMVA) remains the only legal Association representing MK military veterans, and will continue to function throughout the country in terms of our Constitution not recognizing in any manner whatsoever the so-called ‘All Inclusive MK Unity Conference’ that was held in East London, nor any of the decisions or sham structures that emanated from that gathering.

Thus, the PGC unanimously reaffirm the stance of having walked out of that failed ‘Conference’ by the leadership of, and members of, MKMVA as our mandate.

The legal processes - including the court interdict - instituted must continue to nullify the illegal disbandment of MKMVA, and challenge the ANC’s unacceptable and factionally manipulative role in the outcomes of the the so-called ‘unity conference’.

The Department of Military Veterans (DMV) must be challenged legally for failing to service the military veterans constituency, and entertaining the factional politics as instigated by the Deputy Minister of Defense and Military Veterans, Thabang Makwetla.

The official letter of complaint that the Acting President of MKMVA, comrade Taylor Nsimbini, wrote on behalf of the MKMVA NEC to the Public Protector about corruption and maladministration in the DMV is supported, and the required action by the Office of the Public Protector must be monitored, and followed through on for the appropriate action.

The current Military Veterans Database Verification Process, under the inept chairperson, Ret. Major General Mashoala, is grossly discriminatory and factional. The Database Verification, Cleansing and Enhancement Work Stream (DVCE) Committee, must be disbanded forthwith, and replaced by a new and representative team/ committee that must be all-inclusive.

All members MKMVA must be members of the ANC, and must be active in their communities and branches, and all respective structures of the ANC. It is the duty of MKMVA members to represent and promote the interests and objectives of MKMVA, throughout all the ANC structures, and to be officially recognized in all organizational structures of the ANC.

MKMVA to re-activate and build out all our structures from sub-regional, regional, provincial and national structures, and make sure that all these structures effectively represent the interests of MK veterans, and fight tirelessly for their rights to be recognized and delivered on.

Advocate for a full Ministry of Military Veterans, to be run by military veterans themselves and their dependents.

MKMVA must continue to be fully represented on the Presidential Task Team (PTT) for military veterans.

Following the Phala Phala Farm Gate President Cyril Ramaphosa must immediately step aside, like everyone else who stepped aside. The National Executive Committee of the ANC has a responsibility to ensure that this happens.

The whole ANC NEC must step down forthwith, and a National Task Team (NTT) must be established to take the ANC to the 55th National Conference in December 2022.

It was resolved that MKMVA should support and participate legal and lawful mobilization that is organizationally sound within the ANC, as well as in broad civil society, aimed at getting President Ramaphosa to do the right thing and immediately step aside, and for the ANC NEC to also step down forthwith.

The intended Policy Conference must go through two critical phases. First there must be National General Council (NGC), and then followed by a Policy Conference. Anything less will a contravention of the ANC Constitution, and will be illegal.

Vetting of all our leaders, throughout all the structures, from branch to national level must take place in order to cleanse our Liberation Movement from the continuing infiltration of spies, and the subsequent high jacking of our National Democratic Revolution.

A Program Of Action (POA) must be developed to demand the rightful, and legally enshrined, benefits of Military Veterans from municipalities, as well as from provincial and national government.

As is legally provided for, ensure the economic empowerment of our members at all levels of government and State Owned Enterprises (SOE’s).

There must be consistent education support for our members and their dependents, as is provided for in the Military Veterans Act, No.18 of 2011. The failure of the DMV to execute this critical legal duty must be challenged, and corrected, as a matter of the utmost urgency.

The NEC of MKMVA is instructed to start a process of establishing our own MKMVA offices that are independent of the ANC, in order to strengthen MKMVA as an independent Association - as clearly stipulated in the MKMVA Constitution.

The Military Veterans Act, No.18 of 2011 must be reviewed in order to accommodate all Military Veterans, without discrimination of age and other discriminatory and exclusionary provisions that are currently part of the Act. The MKMVA NEC is urged to treat such a revision as a matter of urgency.

A comprehensive Program Of Action (POA) by our members to deal with the social ills of our communities must be developed. Such a POA must as a matter of urgency address the scourges of Gender Based Violence (GBV) and drug abuse, as well the hopelessness and helplessness that youth experience because of unemployment, poverty and broken family structures. These are only mentioned as important areas that need urgent attention, but are not purporting to be comprehensive of what the POA should include.

The Gauteng PGC lasted for one day and was highly successful. The large number of Gauteng MKMVA veterans who attended - representing every region in the province of Gauteng - concluded the meeting in high spirits, confident that MKMVA is alive and well.

They were clear that the correct decisions have been taken, and that MKMVA will deal with the challenges that we are faced with effectively, as highly disciplined and mature cadres of the Liberation Movement, and that MKMVA will emerge in tact and victoriously, with an increased ability to serve our members.

A LUTA CONTINUA!

Issued by Carl Niehaus, MKMVA NEC Member and National Spokesperson, 12 July 2022