NDCA PRESS STATEMENT ON DECISION TO SET ASIDE TEMPORARY SUSPENSION OF FAIEZ JACOBS
At its scheduled sitting yesterday, the NDCA decided to set aside the suspension of Faiez Jacobs, the Provincial Secretary of the Western Cape Province, who was placed on precautionary leave, on the following grounds:-
In the ANC Constitution there is no provision for involuntary or precautionary forced leave;
Temporary suspension not an automatic process after disciplinary proceedings are contemplated or in fact instituted against a
Temporary suspension of a member is preceded by an inquiry as set out in the Constitution;
A suspension can only follow after the relevant structure has complied with the provisions Of Rule 25_57 and is satisfied that the conditions for temporary suspension exists before a decision is taken to suspend that member;
The substantive element in Rule 25.57 requires compliance with the audi alteram partern rule (hear the other side).
There is no evidence before the NDCA that the provincial Executive Committee the accusation to Faiez Jacobs and gave him an opportunity to respond as provided for in the ANC Constitution:
The suspenson of a is a very invasive step and should only be taken after all the Steps Outlined in Rule 25.57 have been followed;
Partial compliance with Rule 25.57 is insufficient to warrant the decision to suspend
The NDCA is Of the view that Rule 25.57 was complied With partially but not substantively;
If Faiez Jacobs had any intention of interfering with that would have occurred by now since his disciplinary hearing is due to commence shortly;
The provincial Executive Committee may at any stage during the disciplinary hearing suspend Faiez Jacobs provided that it complies fully with the provisions of Rule 25.57 Of the ANC Constitution; and
Fairness and equity are cornerstones of the ANC Constitution to extent that the NDCA may at any and of its own accord set aside a temporary suspension.
For these reasons the NDCA set aside the temporary suspension with the proviso that Faiez Jacobs does not interfere with witness, Wesley Seale.
Statement issued by Jeff Radebe, Chairperson, ANC National Disciplinary Committee of Appeals, 26 January 2016