Khusela Diko notes the NAC PDC decision and false and opportunistic statements uttered

21 April 2021

We act for Khusela Diko who has instructed us to prepare the following statement for public release following the decision of the PDC dated 7 April 2021 and public utterances attributed to the ANC Gauteng Provincial Secretary in the media.

It is with regret that internal ANC processes that are still underway have been published to the media. This type of conduct not only undermines the internal process of the ANC but it also, without doubt, serves nefarious political ends and if left unchallenged in the media, distorted facts will be perceived to be the truth.

Since the ANC process began, Khusela has sought to trust in the ANC's internal processes and has avoided making any comment on the many utterances made in the media which, for the record, reported falsehoods and narratives not truthfully capturing the true state of affairs nor an honest appraisal or account of developments in relation to the ongoing ANC processes.

The context of this statement arises out of the fact that the sustained false narrative and reporting continue to cause poetical and reputational harm as well as significant damage to her career. It is for this reason that she has sought to clarify and correct some of the false statements and narratives circulating and perpetuated in the public domain.

Accordingly, this public statement does not come easy as she had intentionally taken a decision when the ANC processes started not to engage the media on the internal process of the ANC and in observance of the mourning period following the passing of her husband King Madzikane II Thandisizwe Diko. This decision by our client to now respond to some of the onslaught was therefore not taken lightly.

Upon receiving the decision of the Provincial Disciplinary Committee (PDC) and on Khusela Diko's instructions on 12 April 2021, we wrote to the PDC (in copy the ANC Provincial Executive Committee (PEC) noting the PDC's decision and findings and wherein the following was communicated:

"...the PDC's findings in this matter are wholly irrational and if left unchallenged, will set a devastating precedent according to which members would be expected to be conversant and to comply with rules that do not currently exist which include a directive to disclose a spouse, business interests to the Provincial Office Bearers of the ANC.

Accordingly,... she will be exercising her rights to review/appeal the factual, substantial, and procedural findings of the PDC in terms of Rule 25.35 and 25.36 of the ANC Constitution within the timeframes

Undue advantage or enrichment, as contemplated in Rule 25.17.9."

The PDC in its findings, amongst others, said the following:

"Comrade Diko did not disclose her husband's business interests to the ANC PEC scatty office bearer of the PEC. Apart from this not being a requirement, she was of the view that it was not necessary as the matter was closed once the contract had been cancelled.

Whether it was a requirement or not, Comrade Diko should have disclosed her husband's business interests and what had transpired to the ANC PEC, Chairperson of Provincial Secretary."

The media statement prepared for release by the PDC, states that no evidence was produced that comrade Diko committed any act of misconduct as a result obtaining any direct or indirect undue advantage or enrichment through abuse of her elected position in the ANC or her position in the employment of the state

Accordingly, the salient grounds upon which Khusela Diko has applied to the NDC for a review and to overturn the decision and findings at/he PDC, amongst others, are that:

1. Nowhere in the decision of the PDC is a rule quoted or relied upon that places a responsibility on a s/en/be/sf the ANC to disclose a spouse's business interest to the PEC or the Provincial Office Bearers. It was admitted by both the ANC witnesses as well as the PDC itself that no such rule or

practice exists and therefore the ruling consists of nothing more than their own beliefs and opinions on what they think "should" have been done in the circumstances, which opinions do not amount to the Rules of the ANC. Comrade Diko therefore cannot be charged and sanctioned on the basis of what another member of the ANC believes she should have done.

Furthermore, there is no rule that says members of the ANC cannot be mentioned in a media article. Be that as it may, the Special Investigating Unit (SIU) Report titled "Finalised matters" in respect of Proclamation No R23 0/ 2020 and released in February 2020 does not find Khusela Diko guilty of engaging in any corruption as alleged by the articles that the PEC, PIC and PDC sought comfort to unlawfully and in subversion of Cde Khusela's rights, have elected to solely rely on.

In fact, a media statement released by the Presidency in January 2020 categorically stated that in its referral to it from the SIU, that the "SIU has thus far not obtained any evidence pointing to Ms Diko's involvement in the awarding of two contracts by the Gauteng Department of Health to Royal Bhaca or in respect of the irregularities identified in respect of such awards."

The entire PDC hearing was predicated on a defective and incompetent charge sheet; in that it did

ANC PEC, failed to do so and skirted the issue of an inadequate records and lack of particularity on what the basis of the charges is.

The ANC has currently no Rule or Policy requiring a disclosure by its members of potential conflicts of interest and there is no ANC Rule or Policy barring spouses of ANC members from doing business with Government entities;

Khusela Diko has been charged and sanctioned for conduct that is not in violation of any Rule or Policy of the ANC; and

Khusela Diko has not broken any law or committed any unethical, unlawful and/or immoral act.

Khusela Diko wishes to confirm that she is unaware of any agency of the government (including the NPA and the SIU) having investigated her and found her guilty of unethical, unlawful and/or immoral conduct.

It is not our client's intention to continent on media reports that she has been ordered by the ANC to step aside other than to say that it seems the PEC through the PDC has sought to circumvent the prescripts of the ANC Guidelines on "Step Aside" without there being any justifiable reasons for the ANC and PDC to do so.

Issued on behalf of Khusela Diko, 21 April 2021