Cadre deployment: Judge erred in his application of law – ANC NWC
Mahlengi Bhengu-Motsiri |
23 June 2023
Meeting also says Illegal immigrants a ticking time bomb for the country and an albatross around neck of govt
ANC statement on the outcomes of the National Working Committee meeting held on 19 June 2023
19 June 2023
The National Woking Committee of the African National Congress (NWC) met on Monday the 19th June 2023. This meeting took place against the backdrop of a number of domestic and global developments. This press briefing is to inform the nation of the outcomes of the NWC meeting and the way forward in relation to matters deliberated upon, their impact on the ANC, the country and the globe.
RUSSIA-UKRAINE PEACE MISSION
The NWC reaffirmed the 55th National Conference resolution to initiate and join any strategic initiatives that helps in building a better Africa and a better world. In the current global circumstances, this position means a total commitment to the resolution of all international disputes through dialogue and not arms.
Accordingly, the NWC discussed the latest developments around the ongoing Russia-Ukraine conflict.
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The NWC reaffirmed the ANC's anti-war position and our commitment to the right of nations to determine their own internal affairs. This necessarily means that we are committed to the principles of sovereignty and territorial integrity as articulated in the United Nations Charter.
Furthermore, the NWC committed the ANC to continue mobilizing directly as a party and through initiatives of government for a global peace-plan that can end the Russia-Ukraine conflict. In the immediate, all efforts must be directed towards convincing all protagonists in the war to agree to a cessation of hostilities. In the coming week, the ANC will convene a dialogue on the Russia-Ukraine conflict as part of this effort to build broad support for our approach.
In this regard, the NWC commended the important initiative known as the African Heads of State Mission that was led by President Ramaphosa to engage the leadership of both the Ukraine and the Russian Federation. This initiative is a historic undertaking in seeking to bridge the gap between the conflicting parties and laying down a necessary foundation for dialogue aimed at ending the war.
The ANC supports the African Heads of State Mission 10-point peace-plan which includes, among other issues, the need for all parties to agree on: both leaders listening to each other, a commitment to a negotiated end to the war, a de-escalation on both sides, respect of the sovereignty of nations as per the UN Charter and international law. This peace-plan provides the most viable path towards sustainable peace.
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The ANC will continue to work with all progressive forces in the world for a rules-based approach to resolving intemational disputes and advancing the interests of all nations.
THE NATIONAL HEALTH INSURANCE BILL (NHI)
The African National Congress (ANC) welcomes the passing of the National Health Insurance Bill (NHI) as an important vehicle and catalyst for universal health access. This major development paves way for all South Africans to free medical health care in a manner that is efficient, effective and sustainable in line with our vision for a caring society.
Parliament's passing of the Bill will accelerate the overhauling of the medical system towards a dispensation that is inclusive and responsive to the needs of the poor. This will lead to improved health infrastructure. This development is in line with government's constitutional imperative of healthcare as a basic human right and the ANC's vision of a better life for all.
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The Bill will be tabled before the National Council of Provinces for further deliberations and consultations in order to expedite its enactment into law. The Bill has been passed by the overwhelming majority of the ANC representatives, thus confirming our commitment to advance the interests of the people in congruence with our commitment to a better life for all, and reflective of the mandate of the people.
The Bill is premised emphatically on the assertion that access to healthcare depends on people's health needs and not their socio-economic status. The NHI will ensure that all citizens access good quality health care in every village, town and city without the risk of financial exclusion or hardship; and facilitate the attainment of goals of the National Development Plan (NDP) Vision 2030.
NHI is a critical path and a substantial policy shift that will result in a massive reorganisation, unification and strengthening of the current health system. It will improve health access, equity and outcomes. It is a path towards Universal Health Coverage (UHC).
The Act will enable the government and the people to transform the two-tiered, fragmented and inequitable National Health System, and strengthen the public and private sector as one and good quality health system for all South Africans.
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IMMIGRATION
Comrade Aaron Motsoaledi briefed the NWC on suggested changes to immigration policies. These included amendment proposals on citizenship, immigration and refugee protection. The NWC noted the briefing and emphasized the need for a balance between national interests on the one hand and international solidarity, particularly within the pan African context, on the matter.
The NWC noted strides by the government to overhaul immigration legislation for greater powers to address the burning issue of immigration. The establishment of the Management Border Agency is a bold and progressive step towards addressing the influx of illegal immigrants and the porous borders.
Illegal immigrants put a heavy strain on the fiscus, with adverse effects on service delivery, the overstretched health sector, high unemployment and poverty.
Illegal immigrants have been a ticking time bomb for the country which has been an albatross of the ANC led government to accelerate service delivery at a faster pace, the outbreak of violence as attested to by the violent attacks in Diepsloot which happened on the 21 June 2023. The ANC calls upon all communities to exercise restraint to avoid damage to property, life and limb.
We urgently call upon the Department of Home for swifter implementation of the white paper process.
ANC MANIFESTO REVIEW PROCESS
The National Working Committee received and considered the process towards the finalisation of the ANC 2024 elections manifesto as well as the guidelines towards the 2024 candidate selection process. In this regard, the NWC also took note of the ongoing court challenges of the amendment to the Electoral Act, a challenge which will affect the ability of the IEC to prepare for the elections.
The manifesto as well as the guidelines for the candidate selection process will be presented before the National Executive Committee for consideration and adoption.
We will after the NEC Meeting report to the nation in July on the Manifesto Review process under the theme: "How far have we gone - to implement let's grow South Africa together".
COURT JUDGMENT ON CADRE DEPLOYMENT
The NWC noted and deliberated upon the judgment of the Johannesburg High Court in the matter between the DA and the ANC. The judgment is in dismissal of the ANC's Application for Leave to Appeal on an earlier judgment of 2 February 2023 where the Applicants successfully sought an order:
a) For access to information;
b) Directing the ANC to provide all of the information and records sought by the Applicant within five (5) court days; and
c) An order to costs.
Pursuant to the judgment of 2 February 2023, the ANC lodged an Application for Leave to Appeal after which the court dismissed with costs on the 13 June 2023 on the basis of the absence of reasonable prospects of success. The implication of this judgement is that the ANC must within 5 days comply with the judgment of the 2 February 2023 and we have accordingly as of yesterday 21st June 2023 petitioned the Supreme Court of Appeal. Our view is that Judge Willem Wepener has erred in his application of law and we are therefore confident that a higher court might come to a different conclusion on the matter.
The ANC will use available legal avenues and recourse to the courts to preserve its information which is the property of the ANC to the exclusion of any other party. The ANC reiterates its respect of outcomes of the courts and their independence, including due processes of the law.
BOOING OF THE PUBLIC PROTECTOR
The ANC remains the custodian of the rule of law and only democratic platforms that upholds our constitutional values are arbiters of any social, economic and political differences. Respect for the rule of law in non-negotiable. For this reason, the ANC condemn in the strongest terms the booing of the Public Protector, whose office is critical as per her constitutional mandate in strengthening our democracy and the rule of law. We make this clarion call for the respect of the Public Protector and the office she occupies at all times as she discharges her duties.
BRICS POLITICAL PARTIES DIALOGUE
The NWC considered a report on the BRICS Political Parties Dialogue to build intemational solidarity networks through party-to-party relations with its historical partners and to forge new relationships with newly formed progressive forces. We must strengthen party-to-party and multi-party relations on our continent to turn consensus into concrete action.
The Dialogue will be held at the Birchwood Hotel from 18 — 20 July 2023 under the theme: "BRICS and Africa: Partnership for Mutually Accelerated Growth, Sustainable Development and Inclusive Multilateralism". This is in line with the assertion by the President on the occasion of the January 8th Statement of 2023 that: "The ANC must rebuild international solidarity networks through party-to-party relations with its historical partners and build new relationships with newly formed progressive forces. We must strengthen party-to-party and multi-party relations on our continent to turn consensus into concrete solutions. "
The 2023 BRICS Political Parties Dialogue will deliberate on:
a) Reforming and strengthening mechanisms for inclusive multilateralism;
b) Resolving conflicts through dialogue and negotiations;
c) Ways and means to strengthen BRICS, including the New Development Bank and altemate intemational payment systems, and contribute to the establishment of criteria for BRICS expansion and just development relationships with the Africa;
d) Address the challenges of Climate Change and promote environmental protection;
e) Political parties will also be called on to play catalytic roles in accelerating growth and sustainable development through global partnerships; and
f) Ensuring global peace and security, a prerequisite for achieving the sustainable development goals.
The BRICS Summit is a cardinal pillar of the 2023 January Statement on creating a better Africa and a better World.
This forum will bring together Party leaders and representatives of political parties across the world.
It is envisaged that the BRICS Political Parties Plus Dialogue will result in focused discussions, and practical strategies and tactics developed for implementation.
ECONOMIC CHALLENGES
The NWC noted the continued high inflation and increased interest rates across the global economy amidst tensions between the US and China, the two biggest world economies.
The NWC re-iterated the importance of accelerating national transformation in the context of growing the economy and creating conditions enabling youth employment. The NWC further emphasised that all ANC structures must be seized with optimal implementation of service delivery programmes, working in conjunction of municipalities and the private sector.
The NWC noted the reprieve on loadshedding the previous week and expressed confidence that it is possible to reverse the onset of loadshedding by increasing the Energy Availability Factor of Eskom in the intermediate as we seek to implement long term sustainable plans on baseload electricity supply and thereby ensure national energy security.
As recently reported by StatsSA: "Annual consumer inflation slowed to 6,8% in April from 7,1% in March. This is the lowest reading since May 2022, when the rate was 6,5%." And also that: "Annual inflation for food and non-alcoholic beverages eased to 13,9% in April from 14,0% in March." We also noted that on matters impacting the population at large, particularly the working class, was that: "Transport recorded its ninth successive month of disinflation in April, softening to 7,6%. This was mainly due to the annual rate for fuel easing to 5,0% - the lowest reading since March 2021 (2,4%). "
We believe that the economy is showing some improvement and do hope that as government and the private sector play their respective roles, the economic situation has the potential to improve further going into the future.
UPCOMING ANC YOUTH LEAGUE NATIONAL CONGRESS, ANC WOMEN'S LEAGUE AND ANC VETERANS LEAGUE NATIONAL CONFERENCES
The NWC noted the upcoming National Congress of the ANC Youth League, the ANC Women's League and ANC Veterans League National Conferences. These conferences are important catalysts towards addressing inequality, job creation, women and youth empowerment, the debilitating scourge of Gender Based Violence, femicide and the persecution of the LGBTQI+ community and other programmes of these important and vulnerable sectors of the society. They will very importantly strengthen the organisational machineries and programmes of the respective leagues.
The NWC noted the advanced preparatory processes towards the ANC Women's League, ANC Youth League and ANC Veterans League national conferences and that:
a) The ANCWL National Conference has been rescheduled for the dates of 14 — 16 July 2023.
b) ANCYL National Congress scheduled from 30th June - 4th July 2023 under the theme:
"Programme of Action for Economic Freedom and Social Change. Now. Not Later. "
c) The ANCYL National Conference is scheduled for July 2023. The NWC noted that the ANCYL convened a Lekgotla on 15th - 16th April 2023.
40TH ANNIVERSARY CELEBRATIONS OF THE FORMATION OF THE UNITED DEMOCRATIC FRONT
The NWC reaffirms the commitment of the ANC to support the celebrations of the 40th anniversary of the United Democratic Front. In this regard, the NWC calls on all structures of the organisation and the broader mass democratic movement to lend their support to the preparations for the celebrations across the country.
The UDF played a significant role in the fight against apartheid.
110TH ANNIVERSARY OF THE 1913 NATIVES LAND ACT
The NWC noted the 110 anniversary of the 1913 Natives Land Act and calls on government to accelerate land reform to reflect the country's racial, gender and class demographics as espoused in the Constitutional injunction on healing the divisions of the past.
NATIONAL YOUTH DAY CELEBRATIONS
The NWC further noted the successful convening of the National Youth Day commemorations in Mangaung, addressed by the Deputy President Paul Mashatile. The NWC calls on government and the private sector to accelerate implementation of programmes aimed at skills development, youth entrepreneurship and enabling employment creation.
EXPULSION OF FORMER ANC SECETARY GENERAL ACE MAGASHULE
The expulsion of former ANC Secretary General ES Magashule was confirmed, regrettably following his failure to submit representation on reasons why he should not be expelled from the ANC after the expiry of a stipulated period of 7 days duly communicated to him. The ANC derives no joy in the expulsion of any member hence comrade Ace was given time to mitigate against the recommended verdict of his expulsion, and in this regard the ANC is duty bound to uphold its integrity.
MAYORAL CANDIDATES
Deployment of mayors was noted with recommended candidates confirmed as follows:
• For Nkangala District Municipality - Comrade Thomas Ngwenya was confirmed as ANC candidate Mayor.
• For Emalahleni Local Municipality — Comrade Leah Mabuza was confirmed as ANC candidate Mayor.
ON ALLEGATIONS AGAINST ANC MP'S
The NWC noted the allegations made by the suspended Public Protector, Adv Busisiwe Mkhwebane, regarding ANC Members of Parliament: Cde Pemmy Majodina, the Chief Whip, Cde Qubudile Dyantyi, the Chairperson of the Section 194 Inquiry, and the late Cde Tina Joemat-Petterson.
The ANC condemns and distances itself from any attempt to undermine processes conducted in terms of the Constitution and the laws of the Republic - for which it waged a determined struggle in which many sacrificed life, limb and liberty.
Accordingly, the ANC views the recordings purporting to reflect statements by the late Cde Joemat-Petterson with concern. Regrettably, she is no longer in a position to explain, or account for, the statements attributed to her.
The ANC is also concerned that the reputations of the Chief Whip and the Chairperson are being subjected to attacks on the basis of hearsay evidence, devoid of any credible and independent corroboration.
In this regard the NWC reaffirms its confidence in their leadership and supports their full co-operation with the Parliamentary Ethics Committee, as well as internal ANC processes.
CONDOLENCES
The NWC dip its revolutionary banner in honour of the memory of Comrade Tina Joemat-Petterson, Comrades Amos and Betty Gumede, Comrade Sello Molibeli and Comrade Zoliswa Funiselo. We convey our deepest condolences to their loved ones.
Issued by Mahlengi Bhengu-Motsiri, National Spokesperson, ANC, 23 June 2023