ANC SUSPENSION OF TOP LIMPOPO OFFICIAL NDC APPEAL FINDING IN THE CASE OF SABULONE MPHOFELA, REGIONAL TASK TEAM CO-ORDINATOR, PETER MOKABA REGION, LIMPOPO PROVINCE
After due consideration of the appeal of comrade Sabulone Mphofela, who had been found guilty on two counts of misconduct by the Regional Disciplinary Committee of the Peter Mokaba Region, the NDC reduced his 10 year suspension to 18 months and directed that he vacate his position as the Co-ordinator of the Regional Task Team of the Peter Mokaba Region of the Limpopo Province and as a councillor of the Lepelle Nkumpi Municipality.
In February last year comrade Mphofela was found guilty by the Regional Disciplinary Committee (RDC) on two counts of misconduct and was suspended for 10 years (5 of which was further suspended, subject to certain conditions).
He was found guilty for taking the ANC to court without exhausting internal processes, and for assaulting another female member who was deployed to his branch, of which he was the chairperson, to facilitate the Biennial General Meeting.
On appeal the NDC found that a member, after exhausting all internal processes, would, in limited circumstances, have the right to take a decision of the ANC or its structures (which decision affects him or her personally) on review to a court of law if the ANC or such structure acted irrationally in arriving at a decision, or if a final decision was taken before a member could exercise his or her right of appeal and review in terms of the ANC Constitution.
The NDC set aside the decision of the RDC, which found comrad Mphofela guilty solely on the grounds that a member cannot take the ANC to court under any circumstances. The NDC found that, in the circumstances of this case, comrade Mphofela was justified in taking his case to a court of law.