SECRETARY GENERAL’S OFFICE
AFRICAN NATIONAL CONGRESS
Media statement by the Secretary General of the ANC, comrade Elias Sekgobelo Magashule, about my suspension as Secretary General of the ANC
Wednesday, 5 May 2021
I am issuing this media statement in my capacity as Secretary General of the African National Congress (ANC).
I have received a letter under the signature of the Deputy Secretary General, comrade Jessie Duarte, that temporarily suspends me for an initial period of six months. It is my understanding that this letter was issued to me in terms of a decision of the National Working Committee, held on Monday the 3rd of May 2021, in terms of Rule 25.70 and Rule 13, to the effect that all members who have been indicted to appear in a court of law on charges, are to be temporarily suspended.
Other members who are similarly effected have received similar letters.
It is evident that the Deputy Secretary General does not have the authority to issue such letters. Thus the letter is fatally flawed, and in fact unconstitutional. Furthermore these letters are based on a selective and factional interpretation of the relevant Resolution.
I herewith announce that I am immediately, and formally, appealing this unconstitutional suspension. In terms of the ANC Constitution, my suspension is thus wholly suspended, until my appeal has been heard, and it's final outcome announced.
For the sake of fairness and justice to all the affected comrades, who have received similarly unconstitutional letters, I as Secretary General - who is duty bound to uphold the ANC Constitution and all administrative processes - urge them to also follow the appropriate internal appeal processes. It follows that the suspensions of all affected members will also in terms of the ANC Constitution be suspended with immediate effect.
I have also, in accordance with the powers vested in me as the Secretary General of the ANC, and furthermore in full compliance with the relevant conference Resolutions summarily suspended the President of the ANC, comrade Cyril Ramaphosa.
This is done in terms of Resolution 8.2 of the 54th National Conference, which states that, "... Every cadre accused of, or reported to be involved in, corrupt practices accounts to the Integrity Committee immediately, or faces DC processes. ,and
Resolution 8.3 that further provides for the suspension of, "... people who fail to give an acceptable explanation, or to voluntarily step down while they face disciplinary, investigative or prosecutorial procedures".
I call on all members of the African National Congress to act with revolutionary dignity and respect, and to uphold the ANC Constitution. None of us should bow to illegal and unconstitutional actions. In doing so we must protect the unity of the ANC as leader of society.
Issued by the Secretary General of the ANC Comrade Elias Sekgobelo Magashule
Text of letter:
27.11.376.IIKIIW- ... ..-c.c,gza
ANC SECRETARY GENERAL’S OFFICE
To: The President
Cde Cyril Ramaphosa
03 May 2021
Dear cde Cyril
RE: NAMES OF ANC MEMBERS FACING ALLEGATIONS OF CORRUPTION/CRIME AND THOSE FACING CHARGES OR CONVICTED
The NEC/NWC has on numerous occasions discussed and resolved on matters relating to the implementation of the resolutions of conference.
In particular, the 5411> Conference Resolution on "ANC CREDIBILITY AND INTEGRITY: DEALING WITH CORRUPTION"
Property read and Interpreted Conference resolution in this regard provides that all cadres charged or reported to be involved in corrupt practice ought to step aside or be summarily suspended.
You have been reported to the Serious Offences Directorate and the matter of sealed documents relating to your CR 17 campaign prior and during the 54"' National Conference is pending before our courts.
On 3 May 2021, the NWC, acting in terms of Rule 25.70 read with Rule 13 instructed that letters be written to all affected members, including yourself, to inform them that it has decided that their temporary suspension would be in the best interests of the Organisation.
According to Resolution (8) of the 5411> National Conference, Secretaries at all levels will be held accountable for any failure to take action or refer matters of corruption or other misconduct (in terms of the ANC code of conduct) to the relevant structures.
As stated above it has been reported Cde President that you and your Nasrec Campaign team, raised money in an attempt to get the branches to finally elect you as President of the ANC. It is common cause that this matter has been ventilated in our courts and the documents related thereto remain sealed. This particular matter relating to the sealing of the documents is pending before our courts.
Cde President you will recall that quite apart from this matter being reported to our law enforcement agencies, the ANC has lamented the use and role of money in its internal election at conferences.
Based on the way forward emanating from the last NWC, a number of comrades face suspensions from the ANC,
Accordingly, on the authority of the NWC and as a result of the allegations referred to here above, you are hereby temporarily suspended, with effect from 3 May 2021, from all activities of the ANC pending all the internal processes of the ANC , as well as the finalisation of the pending matters to which I have referred above.
In line with Rule 25.70 the following terms and conditions are imposed to regulate your participation and conduct during your suspension:
(a) You may not carry out the duties and responsibilities of the President of the ANC ;
(b) You may not represent the ANC publicly or In any other capacity or forum;
(c) You may not make public statements or pronouncements on matters relating to the organization;
(d) You may not engage in the mobilization of ANC structures, any other organizations or individuals, including on your stepping aside and matters related thereto.
Accordingly, you are required to update the Secretary General on a monthly basis regarding progress of your cases or internal disciplinary processes. The decision to temporarily suspend you will be reviewed by the NEC every six months or from time to time or on request by yourself.
You are also entitled to refer to the internal appeal processes and to act accordingly, should you wish to do so.
rcomradely
ES Magashule
SECRETARY GENERAL AFRICAN NATIONAL CONGRESS
cc : Cde Jessie Duarte Deputy Secretary General
ENDS
Issued by Ace Magashule, 5 May 2021
