ANC STATEMENT OF THE SPECIAL NATIONAL EXECUTIVE COMMITTEE HELD ON 20 OCTOBER 2022

23 October 2022

The National Executive Committee of the ANC met in a Special Session on 20 October 2022 to discuss the Electoral Act Amendment Bill, the ANC response to the report of Judicial Commission of Inquiry into State Capture, and preparations for the ANC 55th National Conference.

Passing of the Electoral Amendment Bill

The Special NEC welcomed the passing of the Electoral Amendment Bill by the National Assembly, paving the way for it to be considered by the National Coucil of Provinces, ahead of the 10 December 2022 deadline set by the Constitutional Court.

The main objective of the Bill is to make provision for independent candidates to contest elections for the National Assembly or provincial legislatures and for the requirements and qualifications that must be met by persons who wish to be registered as independent candidates. The National Assembly passed the Bill after processing inputs solicited from citizens through public hearings and written submissions, since the beginning of 2022.

The debate about the most appropriate electoral system for our country is an important part of our maturing democracy. The ANC has always supported a proportional representation system as it is best suited to a country as diverse as ours in terms of race, class, gender, and political opinion. It ensures that every political viewpoint shared by more than one quarter of one percent of the population is able to find representation in Parliament.

The ANC also supports the view that electoral system reforms must strengthen accountability of public representatives, which should be addressed in the next round of amendments and must be discussed widely in our society. The NEC noted the objections from some sections of civil society, and expressed a desire to continue an ongoing engagement on these matters.

Report of NEC Task Team on State Capture Commission Report

The Special NEC received a report from the NEC Task Team on the Report of the Commission of Enquiry in State Capture. The NEC reiterated the 54th National Conference's support for the establishment and work of the Commission as an important part of the broader social effort to end all forms of state capture and corruption.

The NEC noted the remarks by Commission Chairperson, Chief Justice Raymond Zondo, that: "President Ramaphosa's preparedness to appear before the Commission and subject himself to questioning promoted accountability and will hopefully serve as an example for future Presidents when called upon to appear before a body such as a Commission of Inquiry and subject themselves to questioning."

And, furthermore, that: "The Commission also noted that when the National Executive Committee of the African National Congress held its meetings between 2018 and 2021, it often issued media statements in which it pledged its support for the work of the Commission, even as more and more adverse evidence was heard by the Commission concerning the ANC's role in State Capture and corruption. The Commission noted the support for its work and appreciated it."

The Task Team report sets out a comprehensive response to recommendations contained in the final report of the State Capture Commission. It is based on submissions by the NEC Sub-committees on: Constitutional and Legal Affairs, Economic Transformation, Legislature and Governance, Peace and Stability, Policy, Monitoring and Evaluation as well as the ANC Caucus in Parliament.

The report represents a serious engagement with the Commission's Report, outlining the reasons for both agreement and difference with the recommendations contained therein.

NEC welcomed and supported recommendations aimed at strengthening the fight against corruption and state capture. At the same time, the NEC was of the view that other recommendations, more especially those relating to the functioning of Parliament and electoral matters, were at variance with established Constitutional provisions and principles, and fell outside the Commissions' remit.

The report will guide the organisation, its members and representatives as we strive to correct mistakes that have been made, and work with all in society to confront this period in our history, to end these practices, and prevent them from happening again.

The NEC noted that the President of the Republic will table his response and implementation plan in respect of the Commission's Report to Parliament shortly.

The vast majority of ANC leaders, cadres and members are vehemently opposed to corruption in all its manifestations. Accordingly, the ANC distances itself from those within its ranks who have been involved in corruption or who are complicit in state capture.

A list of persons implicated in the Commission's Report has been provided to the ANC Integrity Commission. The approach in relation to implicated members of the ANC will be guided by 54th National Conference resolution, which resolved to '...demand that every cadre accused of, or reported to be involved in, corrupt practices accounts to the Integrity Commission immediately or faces DC processes.' This would apply equally to all ANC cadres, including current leaders, former leaders and ANC cadres not in leadership positions.

We reiterate the conclusion of the ANC submission at the State Capture Commission that:

"As the leadership of the African National Congress, duly elected at our 54th National Conference, we acknowledge these shortcomings of our organisation and we extend a sincere apology to the South African people. "We further undertake to work alongside all South Africans to ensure that the era of state capture is relegated to history and that the excesses that took place may never again occur in our country."

PREPARATIONS FOR ANC 55TH NATIONAL CONFERENCE

The NEC received a report from the National Conference Preparatory Committee, which includes all ANC provinces and Leagues, on preparations for the ANC's 55th National Conference slated for 16 - 20 December 2022 in Johannesburg.

The process of electing branch delegates and nominating for the NEC started on 16 September 2022, based on the new ANC Electoral Rules and Guidelines for BGMs and Conferences.

Across the country, over three thousand ANC branches have held their Branch General Meetings (BGMS) and just over one third of those already qualified to nominate and attend National Conference. The NEC noted that the pace of the process of qualification could have been faster, but was impacted on by loadshedding and industrial action.

The NEC thanked all members and branches executive committees (BECs) who have convened for the peaceful manner in which these BGMs are being conducted.

The NEC therefore urged regional and provincial executives to assist the remaining branches with their BGMS, so that ANC members can contribute towards the renewal of their movement.

ANC Veterans League

The NEC noted that the constitutional mandate of the NEC of the ANC Veterans League ended on 15 October 2022. Accordingly, the ANC NEC invoke section 12.2.3, read with section 12.2.5 of the ANC Constitution, to establish a National Task Team(NTT) to manage the affairs of the ANVCL, including preparations for a National Conference. The ANCVL NTT will fulfil the functions of the ANCVL NEC. The NEC mandated the National Officials and the NWC to appoint the ANCVL NTT.

Plight of ANC Staff

The Special NEC expressed its appreciation to ANC staff members, aware of the difficult circumstances under which they continue to make valuable contributions — often at great sacrifice to themselves and their families.

It commended the disciplined manner in which staff members have conducted themselves during this difficult period, including the manner in which they have asserted their fundamental rights as workers. The NEC recommitted itself to pursuing all avenues to address the financial sustainability of the Organisation and the rights ANC staff members. The NEC noted the ongoing efforts by the National Officials to ensure the payment of outstanding salaries.

Condolences, Commemorations and Congratulations

The Special NEC learned with sadness of the passing of Fr Albert Nolan, priest, activist, liberation theologian, and founder member of the Institute for Contextual Theology. It paid tribute to his invaluable contribution to our struggle for liberation.

Congratulated Comrade Tenjiwe Mtintso, former Deputy Secretary General, upon being conferred with an honorary doctorate by Rhodes University;

The NEC extended its best wishes to Comrade Theo Cholo, a founder member of the SA Congress of Trade Unions (SACTU), one of the first cadres of uMkhonto we Sizwe, veteran of the Wankie Campaign, and member of the Order of Luthuli in Silver, on the occasion of his 96th birthday on 20 October 2022;

The Special NEC paid tribute to Ma Albertina Nontsikelelo Sisulu on the occasion of the commemoration of the 104th anniversary of her birth 21 October 1918. In keeping with the wishes of her family, the ANC working with community organisations focused on a cause that was dear to her throughout her life and struggle - the development and well-being of the children of our country, our future and the embodiment of our hopes and aspirations.

The NEC also noted preparations for the commemoration of the 105th anniversary of the birth of Comrade Oliver Tambo on 27 October 2022 and called upon all ANC structures and South African society as a whole to unite in celebrating the life and struggle of this giant of our struggle.

The NEC welcomed the state visit by President Brahim Ghali, President of the Sahrawi Arab Democratic Republic and Secretary General of the Polisario Front.

It reaffirmed the ANC's support for the right of the Sahrawi People to self-determination and rejected the position by the Kingdom of Morocco that an autonomous Western Sahara under Moroccan sovereignty is the only acceptable solution. This position stands in opposition to the will of the Saharawi People, and resolutions of the United Nations, UN Security Council and the African Union (AU).

The NEC welcomed the high-level deliberations between President Ghali and President Ramaphosa. It commended the principled and steadfast leadership provided by President Ramaphosa in committing to elevate South Africa's bilateral relationship with the Sahrawi Arab Democratic Republic to a Strategic Partnership. The Alliance called for this to be translated into a deepening of bi-lateral economic and trade relations with the Sahrawi Republic.

The ANC, together with its Alliance partners has resolved to strengthen its solidarity with the Polisario Front and the Sahrawi People, by engaging in intensified united action on the domestic and international fronts for their national liberation and self-determination.

Statement issued by ANC Treasurer General Paul Mashatile for and behalf of the ANC, 23 October 2022