THE HIGH COURT OF SOUTH AFRICA (GAUTENG LOCAL DIVISION, JOHANNESBBURG) CASE NO: 2319S] 3-4 In the matter between: ELIAS SEKGOBELO MAGASHULE Applicant And CYRIL RAMAPHOSA First Respondent JESSIE DUARTE Second Respondent AFRICAN NATIONAL CONGRESS Third Respondent RESPONDENTS’ ANSWERTABLE OF CONTENTS INTRODUCTION... THE ANC CONSTITUTION... 5 RULE 25.70. 8 THE STEP-ASIDE RULE The founding principle. The 54" National Conference ee NEC meeting 31 July to 2 August 2020... NEC meeting of 28 to 30 August 2020... The prosecution of the applicant NEC meeting of 6 to 8 December 2020.. The applicant's engagement with the Integrity Commission.. The President's engagement with the Integrity Commission NEC meeting of 13 to 14 February 2021... NEC meeting of 26 to 29 March 2021 NWC meeting of 12 April 2021 : My discussions with the applicant in April 2021 NWC meeting of 3 May 2021 The applicant's suspension........ The applicant's retaliation .. NEC meeting of 8 to 10 May 2021 .. The final correspondence .. THE APPLICANT'S CAUSES OF ACTION... Introduction.. Distortion of the National Conference step-aside rule. The validity of the Rule 25.70... The criminal charges against the applicant... My compliance with Rule 25.70 His right to a hearing.My ulterior purpose .. An appeal or review.. THE SUSPENSION OF THE PRESIDENT... ACCUSATIONS OF FACTIONALISM ........:c..000 URGENCY... THE FOUNDING AFFIDAVIT PARAGRAPH-BY-PARAGRAPH...... PRAYERS... oC|, the undersigned, YASMIN JESSIE DUARTE make the following statement under oath: INTRODUCTION 1 | am the Deputy Secretary General of the African National Congress. | make this affidavit on my own behalf and on behalf of the President and the ANC. Both of them have authorised me to do so, 2 | have personal knowledge of the facts to which | depose in this affidavit except where it is evident from the context that | do not. Where | refer to resolutions of the structures of the ANC recorded in their draft or final minutes, or media statements, I confirm that those resolutions have been correctly recorded. 3 I shall, in the first place, respond to the application by addressing the following themes: 3.1. I shall first identify the relevant provisions of the ANC’s Constitution. 3.2 | shall then deal at length with the origin, development and application of the ANC's step-aside resolution and its application to the applicant. 3 Ms3.3 34 35 3.6 | have attempted to identify the causes of action upon which the applicant bases his application. | shall address each of them. | submit that they are all unfounded. | shall make brief mention of the applicant's purported suspension of the President. This topic is more fully dealt with by the President himself. | address the accusations of the factional implementation of the step aside resolution. They are entirely unfounded. | discuss the issue of urgency. | submit that the application is not urgent or, in any event, not as urgent as the applicant makes it out to be. 4 | shall thereafter deal with the applicant's founding affidavit paragraph-by- paragraph. ‘THE ANC CONSTITUTION 5 Annexure “ANG 1” is a copy of the ANC Constitution. | highlight the following provisions 6 __Interms of Rule 4.16, every member of the ANC must make the following solemn declaration: “1... solemnly declare that | will abide by the aims and objectives of the African National Congress as set out in the Constitution, the Freedom iCharter and other duly adopted policy positions, that | am joining the Organisation voluntarily and without motives of material advantage or personal gain, that | agree to respect the Constitution and the structures and to work as a loyal member of the Organisation, that | will place my energies and skills at the disposal of the organisation and carry out tasks given fo me, that | will work towards making the ANC an even more effective instrument of liberation in the hands of the people, and that | will defend the unity and integrity of the Organisation and its principles, and combat any tendency towards disruption and factionalism.” Rule 5.2.7 obliges every member to, “Observe discipline, behave honestly and carry out loyally the decisions of the majority and decisions of higher bodies.” Itis thus fundamentally inimical to the very foundation of the ANC Constitution that a member of its senior leadership should refuse to submit to the discipline of the democratic decisions of the ANC and indeed attack its leadership in a manner that will sow division. The ANC’s National Conference is its supreme ruling and controlling body (Rule 10.1), The National Conference decides on and determines the policy, programme and constitution of the ANC (Rule 11.1)10 "1 12 13 The National Conference elects the President, the Deputy President, the National Chairperson, the Secretary General, the Deputy Secretary General and the ‘Treasurer General (the National Officials) and the 80 additional members of the National Executive Committee (NEC) (Rule 11.4). The NEC is the highest organ of the ANC between National Conferences and has the authority to lead the organisation, subject to its Constitution (Rule 12.1). The National Working Committee (NWC) comprises the National Officials and additional members elected by the NEC from among members of the NEC directly elected by the National Conference (Rules 13.1 to 13.3). The NWC carries out the decisions and instructions of the NEC (Rule 13.8).The applicant incorrectly asserts that there is no Rule 13.8 in the current ANC Constitution, We refer to the printed version of the ANC Constitution (annexure “ANC 1"). The applicant has mistakenly relied on an unformatted version of the Constitution on the ANC website. This version contains the provisions of Rule 13.8, but not its numbering. The Secretary General is the chief administrative officer of the ANC (Rule 16.6). His or her main function is to communicate the decisions of all national structures of the ANC on behalf of the NEC (Rule 16.6.1). The Deputy Secretary General assists the Secretary General. Her or his functions are to “deputise for him or her when necessary, and carry out the functions k ‘ wentrusted to the Secretary General by the National Conference, the National Council, the NEC, or the NWC....” (Rule 16.9). 14 The Integrity Commission is a constitutional structure of the ANC which exercises jurisdiction in relation to matters of integrity (Rule 24). 18 Rule 25 deals with matters of discipline. The applicant invokes a number of its provisions as if this case concerns disciplinary proceedings against him. But it does not. The applicant was suspended under Rule 25.70. | shall now consider it in greater detail. RULE 25.70 16 Rule 25.70 reads as follows: “Where a public representative, office-bearer or member has been indicted fo appear in a court of law on any charge, the Secretary General or Provincial Secretary, acting on the authority of the NEC, the NWC, the PEC or the PWC, if satisfied that the temporary suspension of such public representative, office-bearer or member would be in the best interest of the Organisation, may suspend such ‘public representative, elected office- bearer or member and impose terms and conditions to regulate their participation and conduct during the suspension.” iW7 18 This is not a rule of discipline. It does not require or even envisage disciplinary proceedings against the suspended member. The founding principle of the rule is. that the integrity of people in positions of power should be beyond doubt or reproach, They should not remain in office when indicted for criminal offences which cast doubt on their integrity and by implication that of the ANC. Itis the rule which is, in the first place, designed to serve the best interests of the ANC because it does not want its public representatives, office-bearers or members to cling to office while their integrity has been officially placed in doubt by their criminal prosecution. It does, however, not mean that this rule is absolute. Nobody may be suspended unless the Secretary General or his deputy acting on the authority of the NEC, the NWG, the PEC or the PWC, is satisfied that, the suspension is in the best interests of the ANC. Even then, the Secretary General or his or her deputy exercises a discrétion in the matter. It is thus wrong to suggest, as the applicant does, again and again, that this is a disciplinary or punitive measure. | highlight the following features of the rule: 18.1. It only applies to people who have been indicted to appear in court on a criminal charge. It accordingly applies to the applicant but not to the President, 18.2 Such a person may only be suspended, at national level, on the authority of the NEC or the NWC. In this case, the NEC and the NWC authorised the applicant's suspension, but not that of the President \ if B10 18.3 The power of suspension, with the authority of the NEC or the NW, is vested in the Secretary General. But, in terms of Rule 6.9, the Deputy Secretary General may deputise for the Secretary General in the exercise of this power and may indeed carry out this suspension function entrusted to him by the National Conference, the NEC or the NWC. 18.4 The Secretary General or his or her deputy may only suspend someone “if satisfied that the temporary suspension... would be in the best interest of the Organisation’. | suspended the applicant under the authority of the NEC and the NWC because it was in the best interest of the ANC to do so. The applicant, on the other hand, purported to suspend the President in a vengeful retaliation for his own suspension. THE STEP-ASIDE RULE The founding principle 19 The step-aside rule is based on the same founding principle as Rule 25.70 of the ANC’s Constitution and the solemn declaration made in terms of Rule 4.16. It is that people who are accused or prosecuted of crime should not remain in positions of power as long as their integrity is under suspicion. It directs them to step aside. It is, like Rule 25.70, not a punitive measure at all. It is in the first place designed to persuade members, whose integrity is under credible challenge, to voluntarily step aside until their names have been cleared. They are required to do so because1 it is the honourable thing to do and not because they are deserving of punishment. ‘The step-aside rule is amplified by Rule 25.70, in case the affected member does not step aside, in that it allows the ANC to suspend the affected member who refuses to give voluntary effect to the step-aside rule. The 54" National Conference 20 24 The 54" National Conference of the ANC was held at Nasrec in December 2017. | attach annexure “ANC 2”, an extract from the Report and Resolutions of the conference. It reflects the fact that the ANC was most concerned about the scourge of corruption. It had often in the past taken unequivocal stands against corruption but there was a general consensus that it was time for more decisive action to eradicate the scourge. ‘As appears from page 21 of the report, the National Conference adopted the following resolutions: “That the 2015 NGC resolutions plus other existing and new measures are implemented urgently by the NEC and PECs to: 2 Demand that every cadre accused of, o reported to be involved in, corrupt practices accounts to the integrity committee immediately or face DC processes (powers of IC under constitutional changes). a ‘©12 3. Summarily suspend people who fail to give an acceptable explanation or to voluntarily step down, while they face disciplinary, investigative or prosecutorial procedures.” 22 The National Conference also adopted the following resolutions recorded on page 76 in paragraph 9.2 “(h) ANC should take decisive action against all members involved in corruption including those who use money to influence conference outcomes. iO} Reaffirm the 2015 NGC resolution that, ANC members who are alleged to be involved in corrupt activities, should, where necessary step aside until their names are cleared.” NEC meeting 31 July to 2 August 2020 23 Lattach annexure “ANC 3”, an extract from the minutes of the NEC meeting held from 31 July to 2 August 2020. As appears from the minute, the NEC adopted the following resolutions: “The NEC welcomed the steps taken by the ANC structures in Gauteng, KwaZulu-Natal, Eastem Cape and the Free State, in particular their insistence that those implicated should step aside while their cases are being investigated.” (p6 paragraph 16.3) .13, “Pursuant to the resolution that those accused of corruption and other serious crimes against the people, including those charged in courts, may be expected to step down from their positions or responsibilities, the National Officials be requested immediately to prepare an audited list of cases and submit this list within one month to the NWC and the NEC, with recommendations for action. In executing this task, the National Officials may call upon the assistance of the Integrity Commission or any other members who can be called upon to make a contribution.” (p7 paragraph 15.3) 24 — Pursuant to the NEC meeting, the applicant issued a media statement on 4 August 2020, annexure “ANC 4”. As appears from his media statement, he inter alia highlighted the following resolutions: “The NEC welcomed the steps taken by the ANC structures in Gauteng, KwaZulu-Natal, Eastern Cape and the Free State and commended those implicated for having volunteered to step-aside whilst their cases are expeditiously attended to by the relevant structures.” “Pursuant fo the resolution that those accused of corruption and other serious crimes against the people including those charged in courts, may be expected to step aside from their positions or responsibilities, the National Officials be requested immediately to prepare an audited list of cases and submit this fist within one month to the NWC and the NEC, with recommendations for action. In executing this task, the National Officials \- : d14 may call upon the assistance of the Integrity Commission or any other members who can be called upon to make a contribution.” 25 Pursuant to the resolutions of the NEC, the applicant addressed a letter to the provincial structures of the ANC, annexure “ANC 5”. He annexed terms of reference for the implementation of the step-aside rule, As appears from the terms of reference, they were terms of reference for the implementation of the task given to the National Officials to provide a report on “members of the ANC who are criminally charged and need to step aside”. It was also made clear that members who do not step aside would be suspended under Rule 25.70. It is of course limited to people indicted for a criminal offence. NEC meeting of 28 to 30 August 2020 26 — Inthe run-up to the NEC meeting, the President addressed a letter to the members of the ANC on 23 August 2020, annexure “ANC 6”. It has become known as his “ine in the sana" letter. He made an impassioned plea for the ANC to make a stand against the scourge of corruption. He said inter alia (on pS) that, to address corruption, the ANC must: “Implement without delay the resolution of our 54" National Conference on dealing with corruption including that: \!27 28 45 * Every cadre accused of, or reported to be involved in, corrupt practices must account to the Integrity Commission immediately or face disciplinary processes. * People who fail to give an acceptable explanation or to voluntarily step down while they face disciplinary, investigative or prosecutorial procedures should be summarily suspended. . The ANC should publicly disassociate itself from anyone, whether business donor, supporter or member, accused of corruption or reported to be involved in corruption.” The President gave a political overview at the NEC meeting on 28 August 2020. Annexure “ANC 7” is a copy of his overview. He said (at p31), as he had done in his letter, that the ANC must without delay implement the step-aside rule laid down by the 54" National Conference. He also made it known that he had requested the Integrity Commission to give him an opportunity to address them on the CR17 Campaign (p22 to p23). The NWC reported to the NEC on the audit done by the National Officials on the criminal and disciplinary proceedings pending against members. Annexure “ANC 8” is a copy of its report. As appears from the report, the National Officials had done a very wide-ranging survey of the proceedings pending against members in all the provinces. le aa G16 29 Annexure “ANC 9” is an extract from the minutes of the NEC meeting of 28 to 30 August 2020. | highlight the following features: 29.4 29.2 29.3 ‘The NEC endorsed the President's letter to the members of the ANC as “a clear articulation of the policies and positions of the organisation" and agreed to their implementation (p9 paragraph 14.6). The NEC welcomed the report of the NWC on the work undertaken by the National Officials to collate information on the individuals in the ANC facing charges of corruption or other serious crimes (p9 paragraph 14.7) The NEC decided to give effect to the step-aside rule by distinguishing between the following three categories of cadres of the ANC (p9 paragraph 14.7) 29.3.1 Those who are formally charged for corruption or other serious crimes. They must immediately step aside from all leadership positions in the ANC, legislatures or other government structures pending the finalisation of their cases. If they do not step aside, they must be instructed to do so. 29.3.2 Those who are not formally charged but who have been reported to be involved in corrupt and other serious criminal practices. They must go to the Integrity Commission to explain themselves. Those who do not give an acceptable explanation, may be \- suspended, ae17 29.3.3 Those who have been convicted of corruption or other serious crimes, They must resign from leadership positions and face disciplinary action in line with the ANC’s Constitution, 29.4 The NEC mandated the National Officials to develop guidelines and procedures on the implementation of this resolution (p9 paragraph 14.7(5). 29.5 The NEC also welcomed the President's readiness to present himself, by his own initiative, to the Integrity Commission to clarify matters regarding the CR17 Campaign (p11 paragraph 14.14) 29.6 Paragraph 5 of the Matters Arising from the minutes (p19 paragraph 17) reiterated the NEC's resolution to give effect to the step-aside rule in the aforementioned three categories. 30 Pursuant to the NEC meeting, the ANC issued a media statement on 30 August 2020, annexure “ANG 10”. Italso highlighted (p3) the NEC resolution to give effect to the step-aside decision in the aforementioned three categories. The prosecution of the applicant 31 In about September last year, the applicant was indicted on very serious charges of fraud and corruption. Annexure “ANC 11” is a copy of the indictment dated 18 February 2021. The applicant is Accused 13 of a group of people accused of32 33 18 multiple crimes of fraud, corruption and money taundering. As far as | am aware, these charges against the applicant are still pending. lam advised by my lawyers that the indictment displays the following features. The overall scheme of the indictment is as follows: 33.1 33.2 33.3 33.4 The charges have been preferred against 16 Accused relating to the award of contract by the Accused 1, Nthimotse Mokhesi on behalf the Department of Human Settlement in the Free State ("Department") to Accused 3/4/5 as "professional resource team for the eradication of asbestos in the free state province" ("Asbestos Eradication Contract"). Accused 3/4/5 sub-contracted the contract to accused 7 and 8. Accused 7/8 also subcontracted to Accused 9/10. Accused 3/4/5/6, 7/8/ and 9/10, are identified as having received payments from the Department in relation to the Contract. The other Accused are all officials linked to the Department and the Province's Executive Committee including Accused 12, who was the MEC responsible for Human Settlement and the applicant who is Accused 13 and at the time the Premier of the Province. The relevant contract was awarded to Accused 3/4/5 through what is commonly referred to as transversal system of procurement in terms of Treasury Regulations 16A6.6. The transversal system involves the use of a34 35 33.5, 33.6 33.7 19 suppler or a service provider by a State Organ, which supplier or service provider has been appointed through an open competitive bidding process by another State Organ, through an arrangement between the relevant State Organs and the service provider. Itis alleged in the Indictment that the award of the contract to Accused 3/4/5 including the subsequent sub-contracting of work components by Accused 3/4/5 to the other Accused was irregular and fraudulent. The contract price for the Asbestos Eradication Contract amounts to a total value of R255 000 000,00. The Indictment contains 24 Counts, including those based on fraud, corruption, Public Finance Management Act, 1999 ("PFMA") contravention, contravention of the Prevention of Organised Crime Act, 121 of 1998, contravention of Regulations passed in terms of the Occupational Health and Safety Act and contravention of the Asbestos Regulations, 2001. The charges preferred against the applicant are broadly in two categories, being (i) the collective counts that are brought against all of the Accused and (ji) the specific Counts that are directed at him. With regard to the collective Counts, the applicant and all of the Accused are charged, in relation to the Asbestos Eradication Contract. ‘Se35.1 20 On Counts 1 to 8 (Fraud), to have individually or collectively, acting in furtherance of a common purpose with each other and/or other persons unknown to the State, falsely and with the intention to defraud pretended to the Department: 35.1.1 Several false positions, including that (i) the Asbestos Eradication Contract and sub-contracts following thereon were legitimate in terms of policies, procedures, prescripts and legislation outlined in the Indictment, (ii) proper procurement process as prescribed in the legislation was followed in awarding the Asbestos Eradication Contract, (ji) Accused 1,2,11, 12 and 13 (all of which are the government officials, number 13 being the applicant) had no personal or fraudulent interest in the awarding of the Asbestos Eradication Contract to Accused 3/4/5 and/or 7/8) and/or 9/10, (iv) all monies paid over or received by Accused 3/4/5/ and/or 7/8 and/or 9/10 were legally due and not the subject or result of any unlawful practice, and (v) the work that formed the basis of the contracts was completed and/or done properly and cost effective andior the Department received value for money and (vi) no prices and/or fees were Inflated and/or stipulations of the contract were altered. Other misdeeds pertaining to subcontracting are also included as part of the fraud but are not repeated here. ei35.1.2 35.1.3 24 The Accused knew that (i) the Asbestos Eradication Contract was illegal, (i) proper procurement processes were not followed (iii) Accused 1,2,11 and 13 had personal or financial interest in the awarding of the Asbestos Eradication Contract, (iv) payment of R230 000 000,00 to Accused 3/4/5 and further on payments to Accused 7/8 and to 9/10 were not legally due and/or were the result of unlawful practices, (v) the work was not done properly and/or completed and was not cost effective , (vi) Accused 3/4/5 and/or 7/8 and/or 9/10 were not entitled and/or allowed by law to conduct the work as stipulated in the contract (vii) Accused 1 andlor 2 and/or 11 were not entitled and/or allowed to appoint Accused 3/4/5 and Accused 3/4/5 were not entitled and/or allowed to subcontract to Accused 7/8 and they in turn were not allowed to subcontract to Accused 7/8 and to 9/10 and/or had to disclose such subcontracting to the Department (vii) the contract price was inflated and/or (ix) discrepancies existed regarding the services to be rendered in terms of the Asbestos Eradication Contract when referenced to the letter of appointment, without changes to the contract price accordingly. The Accused individually or collectively persuaded the Department and/or the Provincial Treasury and/or State to award the Asbestos Eradication Contract, to its actual or potential prejudice and to pay the amount of R255 000 000,00. - »36 22 35.2 Count 1 to 8, has three alternative Counts to them, as follows: 35.2.1. The First Alternative being a count of Theft, in that the Accused are alleged to have stolen an amount of R230 000 000, 00 from the State. 35.2.2 The Second Alternative being a count of Attempted Theff, in that the Accused are alleged to have attempted to steal R25 000 000,00 from the State. 36.2.3 The Third Alternative Count being that Contravention of the Prevention and Combating of Corrupt Activities Act 12 of 2004 (section 34 (1)(a) and/or (b) and/or (iv), read with sections 4,2,20,21,25,26, 34 (4)). This Third Alternative does not apply to all of the Accused but includes Accused 13, With regard to the specific counts, the following Counts have been preferred against the applicant (Accused 13). He is the only accused in respect of each one of them, All these counts pertain to several payments that were made by Ignatius Mpambani (who has since been murdered and was the sole director of Accused 5 - Diamond Hill Trading) to third parties, allegedly at the instruction of the applicant, through his PA, Ms Refiloe Mokoena while he was a Premier, and further alleged to have not been due by Ignatius Mpambani or Accused 5 and payable by him to KP the applicant and that (i) they were made, in relation to:23, 36.1 Count 15 Corruption, in contravention of sections 3(a)(ii) of the Prevention and Combatting of Corrupt Activities Act, which relates to a payment of an amount of R53 550,00 paid on behalf of the applicant towards the tuition of Ms Refiloe Mokoena's fees. 36.2 Count 46 Corruption, in contravention of sections 3(a)(i) of the Prevention and Combatting of Corrupt Activities Act, which relates to a payment of an amount of R470 000, 00 paid on his request to M - TAG Systems for acquisition of 200 electronic tablets. 36.3 Count 17 Corruption, in contravention of sections 3(a)(li) of the Prevention and Combatting of Corrupt Activities Act, which relates to a payment of an amount of R200 000,00 and R100 000,00 paid on his request to Griffin Edge (Pty) Ltd for acquisition of electronic tablets 36.4 Count 18 Corruption, in contravention of sections 3(a)(i) of the Prevention and Combatting of Corrupt Activities Act, which relates to a payment of an amount of R30 000,00 paid on his request to SWC Nkate. 36.5 Count 19 Corruption, in contravention of sections 3(a)(ii) of the Prevention and Combatting of Corrupt Activities Act, which relates to a payment of an amount of R250 000,00 paid on his request to Astra Travel towards travel expenses of a delegation to Cuba. 37 Each of the above fraud Counts, specific to the applicant, on »24 37.1 are alleged to have been designed to achieve an unjustified result and/or amounted to other unauthorised or improper inducement, in that the applicant had knowledge of the irregular and/or illegal nature of the Asbestos Eradication Contract and that he unlawfully and intentionally condoned the irregular and/or illegal nature of the Asbestos Eradication Contract and illegally requested Ignatius Mpambani to pay the said amounts; 37.2. are structured with a First Alternative Count brought in terms of section 4(1)(a)(i) and a Second Alternative Count brought in terms of section 7(1)(a)(i) of the Combatting of Corrupt Activities Act and each alternative is founded on, inter alia, the alleged knowledge on the part of the applicant of the irregular and/or illegal nature of the Asbestos Eradication Contract and that he unlawfully and intentionally condoned the irregular and/or illegal nature of the Asbestos Eradication Contract and illegally requested Ignatius Mpambani to pay the said amounts. 38 — The summary of substantial facts at the end of the indictment gives the following particulars of the criminal conduct of which the applicant is accused: 38.1 He requested, through his personal assistant, corrupt payments of R500,000, 30,000 and R470,000 for the benefit of various people and entities (paragraph 24). He facilitated a corrupt payment of R53,500 for the school fees of a child (paragraph 27) w ¢38.2 38.3 25 At his request, his PA facilitated corupt payments of R200,000 and R100,000 to various people and entities (paragraph 28) At his request, his PA facilitated a corrupt payment by one of the accused (paragraph 32). 39 These allegations have clearly not been proven yet. | do not know whether they are true. | recite them however for two reasons: 39.1 39.2 The first is that the applicant says in paragraph 48 of his founding affidavit that the charges against him are confined to allegations of wrongdoing “in his, oversight of other functionaries in the Free State provincial administration’. He makes the statements that nobody has ever been prosecuted for such “an oddity, if not a downright absurdity’. But that is of course not so. The charges are stock standard but serious charges of fraud, corruption and money laundering. The charges are very serious. They are not frivolous, as alleged by the applicant in paragraph 49 of the founding affidavit. If they are true, the applicant would clearly be unfit to hold office in the ANC. For the time being, the charges reflect negatively on his integrity and by implication that of the ANC in which he plays a senior leadership role.26 NEC meeting of 6 to 8 December 2020 40 Annexure “ANC 12” is a copy of an extract from the minutes of the NEC meeting held from 6 to 8 December 2020. | highlight the following features: 40.1 The NEC recommitted to the implementation of the step-aside resolution of the 54" National Conference (p7 paragraph 16.3.1). 40.2 The NEC reaffirmed its endorsement of the President's “line in the sand” letter (p7 paragraph 16.3.2). 40.3 The NEC noted a report of the National Officials on the charges against the applicant. It “welcomed the SG’s decision to voluntarily present himself to the Integrity Commission on 12 December 2020". It instructed the National Officials to process the outcome of the applicant's engagement with the Integrity Commission and to report back to the NWC and NEC (p8 paragraph 16.3.8) 40.4 The “Matters Arising” from the meeting (p22 paragraph 19) repeated in its first paragraph that the National Officials were “to finalise the step-aside guidelines for the Organisation as a whole for consideration and adoption by the NEC at the beginning of 2021”. 41 The ANC issued a media statement after the NEC meeting. Annexure “ANC 13” |. is a copy of the statement. It reflected the same resolutions.a7 The applicant's engagement with the Integrity Commission 42 The applicant appeared before the Integrity Commission on 12 December 2020. It rendered a report on the charges against him on 14 December 2020. Annexure “ANC 14” is a copy of the report. It inter alia reflects the following: 42.4 42.2 The applicant confirmed more than once that he would step aside if so instructed by the NEC (p1 and p2). The Integrity Commission eloquently made the point that party unity was important, but not at the expense of the integrity of the ANC: “The NEC reports after every one of its meetings that unity is the key, but that factionalism and division are weakening the ANC. This was confirmed by the Secretary General in our meeting with him. The IC understands that a united ANC is crucial for us to deliver on our promises, But unity can only be built around a common vision and purpose as understood when we talk of Unity in Action. Unity is not about keeping individuals happy in order to avoid division in our ranks. It is not about allowing the Organisation to be blackmailed around the slogan of unity. Whilst unity is paramount it must not be at the expense of the implementation of resolutions and decisions. Decisions of the ANC and its conferences must apply without fear or favour." (p2 to p3)28 42.3. The Integrity Commission recommended that the NEC immediately implement its resolution that *Cadres of the ANC who are formally charged for corruption or other serious crimes must immediately step aside from all leadership positions in the ANC...." It added and emphasised that in cases where the individuals do not step aside, “such individuals will be instructed to step aside.” The IEC also recorded that ‘In his interaction with the IC, the Secretary General indicated that he will never resist the decision of the NEC even ifhe might not agree with it. However, in the unlikely event of resistance to this, the NEC should consider suspension pending the finalisation of the criminal case against him in terms of Rule 26.70 of the ANC Constitution” (p3). It then quoted the provisions of Rule 25.70. The President's engagement with the Integrity Commission 43 The President voluntarily appeared before the Integrity Commission on 19 November 2020. It rendered a report on 21 December 2020, annexure “ANC 15”, The President will deal with the report more fully. | merely emphasise that the Integrity Commission did not find that the President had been guilty of any misconduct and did not recommend that any steps be taken against him or that he should step aside. cd)29 NEC meeting of 13 to 14 February 2021 44 Annexure “ANC 16” is an extract from the minutes of the NEC meeting held on 13 and 14 February 2021. As appears from paragraph 14.5 on p8 and p16, the NEC adopted the guidelines for the implementation of the step-aside rule developed by the National Officials under the leadership of the Treasurer General. It also resolved that the Integrity Commission's recommendations must be implemented: “Our implementation of the Integrity Commission's recommendations must be principled and uniform. We established the Integrity Commission, agreed to their terms of reference, and we must ensure that our engagement with their recommendations takes place within the adopted Terms of Reference. Now that we have adopted the guidelines, the officials will process all the reports of the Integrity Commission that have been placed before the NEC with a view fo returning to the NEC with a full report within one month.” (p17). 45 Annexure “ANC 17" is a copy of the guidelines developed by the National Officials and adopted by the NEC. They give effect to the National Conference's step-aside resolution by dealing with people accused of misconduct in the following categories: 45.1. Those who have been indicted to appear in court on criminal charges (paragraph 3.1). They “must immediately step aside pending the finalisation a46 30 of her or his case" (paragraph 3.1.1), If the member fails to do so, his or her case must be referred to the Integrity Commission for its recommendation (paragraph 3.1.6). The Integrity Commission's recommendation must be referred to the NEC (paragraph 3.1.17). If the NEC decides that a member should step aside, but he refuses to do so, then he must be suspended in terms of Rule 25.70 (paragraphs 3.1.10 fo 3.1.11). 45.2 Those who have been indicted on a criminal charge but refuse to step aside (paragraph 3.2). They must be suspended in terms of Rule 25.70 if the Secretary General, acting on the authority of the NEC or the NWC, is satisfied that it is in the best interest of the ANC (paragraphs 3.2.1 to 3.2.2). 45.3 Those who face ANC disciplinary processes (paragraph 3.3). 45.4 Those who face allegations of corruption or serious crime (paragraph 3.4). ‘The applicant thus clearly fell within the first and second categories in that he had been indicted on serious criminal charges and had failed to step aside despite the Integrity Commission's recommendation that he must do so. Although the applicant has previously indicated that he wished to appeal the findings and tecommendations of the Integrity Commission, he has not yet lodged such an appeal31 47 The ANC issued a media statement after the NEC meeting on 16 February 2021 Annexure “ANC 18” is a copy of the statement. It also reflected the aforegoing resolutions of the NEC. NEC meeting of 26 to 29 March 2021 48 Annexure “ANC 19” is a copy of an extract from the draft minutes of the NEC meeting of 26 to 29 March 2021". As appears from the copy of the extract from the draft minute, the NEC resolved that, “All members who have been charged with corruption or other serious crimes must step aside within 30 days, failing which they should be suspended in terms of Rule 25.70 of the ANC Constitution.” 49 Pursuant to the meeting, the ANC issued a media statement on 29 March 2021, annexure “ANC 20”. It also highlighted the same resolution. 50 The applicant attended this NEC meeting. The resolution was adopted in his presence. He thus knew that he had 30 days to step aside failing which he would be suspended in terms of Rule 25.70. {|p relation to the NEC mettings of 28-29 March 2021 andl 8-10 May 2024, the ‘Decisions of the NEC Meetings" for these dates ara attached. These are abbreviated minutes, so to speak’ The minutes for these meetings must all be adopted by a subsequent NEC meeting before they can be said to be final32 NWC meeting of 12 April 2021 51 Annexure “ANC 21” is a copy of an extract from the minutes of the NWC meeting of 12 April 2021. The applicant attended the meeting. As appears from the minutes (p9 paragraph 8.7), the meeting resolved, in his presence, as follows: “The NWC reaffirmed the decision of the NEC on 26 - 29 March 2021 that all members who have been charged with corruption or other serious crimes must step aside within 30 days, failing which they should be suspended in terms of Rule 25.70 of the ANC Constitution.” 52 The ANC issued a media statement pursuant to the meeting on 14 April 2021. It also reflected the NVC's resolution that all members who have been charged with corruption or other serious crimes must step aside within 30 days or be suspended in terms of Rule 25.70. | attach a copy of this media statement as Annexure “ANG 22". My discussions with the applicant in April 2021 53 The applicant had much-publicised meetings with various former leaders of the ANC on his decision whether to obey the injunction that he step aside. He had every opportunity during this period to make whatever submissions he deemed appropriate to me and the other members of the NWC.54 55 56 57 33 | had a number of interactions or meetings with the applicant, together with other ‘comrades, prior to his suspension. The first meeting | had with the applicant was together with Treasurer General, Cde Paul Mashatile, at Cde Mashattile's home during the first or second week of April 2021. At that meeting, Cde Mashatile and | advised the applicant to step down and immediately take leave of absence in light of the IC recommendations on the basis that he will be preparing for the upcoming criminal trial in August. Our advice to him was that he could use that time to focus fully on his upcoming trial and in that way, he will not lose his position as SG of the ANC. He would then use the criminal trial in order to clear his name so that he could come back to the party afterwards. He informed us that he would sleep on the matter and come back to us. He never did. The subsequent meeting | had with the applicant was with all other National Officials at the President's home in Johannesburg on Sunday 2 May 2021. Alll six of us Officials attended. At this meeting, our aim was to obtain feedback from the applicant on the engagements that he had had with various senior ANC officials, including former Presidents Mbeki, Motlanthe and Zuma, as well as the former ‘Treasurer General of the ANC Matthews Phosa. We gave him audience. ‘The applicant informed us that former President Motlanthe had proposed that maybe everyone should step back and reflect on the recent events that had transpired which had led to his suspension and how that process was conducted. | »58 34 He informed us that former President Zuma had remarked on how the step aside rule had been applied inconsistently, possibly along factional lines, We immediately corrected the applicant on the history and the genesis of this rule. We also reminded the applicant that the step aside rule had been applied across the board The Applicant knew very well that if he did not step aside he would be suspended as the statement of the NEC is very clear on that. The applicant said that President Mbeki had told him of his own experience when he was asked by the ANC to step down and he did not resist and did what the ANC decided. NWC meeting of 3 May 2021 59 60 The 30 days, within which the applicant and others had to step aside, expired on 30 April 2021. The NWC held a meeting on 3 May 2021. Annexure “ANC 23” is the copy of an extract from the minutes of the meeting. As appears from the minutes, the NWC resolved as follows: 60.1 The NWC considered the implementation of the step-aside rule at length (p5, 6.14 and p14 paragraph 17.13 and p 24 paragraph 22.2 under “Matters Arising);61 62 60.2 The NWC reaffirmed the decision of the NEC on 26 to 29 March 2021 that all members who have been charged with corruption or other serious crimes must step aside within 30 days, failing which they should be suspended in terms of Rule 25.70 of the ANC Constitution (p14 paragraph 17.13). 60.3 The NWC resolved that the decision of the NEC must be implemented. Those who have been charged with corruption or other serious crimes and who have not stepped aside should be suspended in terms of Rule 25.70 of the ANC Constitution. The NWC instructed (the office of the Secretary General) that the necessary letters be written to the affected members implementing this decision and outlining the terms and conditions relating to their participation and conduct during the suspension (p15 paragraph 17.13). 60.4 The “Matters Arising’ from the meeting (p24 paragraph 22.2) repeat the decisions of the NWC and assign responsibility for their implementation to the SGO, the Office of the Secretary General, which includes both Secretary General and the Deputy Secretary General. Pursuant to the meeting, the ANC issued a media statement, annexure “ANC 24”. It also reflected these resolutions. The applicant attended the NWC meeting. The resolutions were adopted in his presence. He thus knew that the NWC had decided that he must be suspended and had instructed his office to issue a letter for his suspension. In the case of the c ‘]36 applicant, the NWC pointed out that the implementation of the NEC decision was not dependant on his consultations with former ANC leaders. The applicant's suspension 63 Immediately after the NWC meeting of 3 May 2021, | prepared a letter for the applicant's suspension in accordance with the NWC resolution. | did so for the following reasons: 63.1 63.2 63.3 63.4 Both the NEC and the NWC had resolved that members in the category of the applicant, ie. those facing charges of corruption and other serious crimes, should step aside by 30 April 2021 or be suspended in terms of Rule 25.70. He had failed to step aside. He thus attracted his own suspension. The NWC specifically mandated the office of the Secretary General that such affected persons such as the applicant be suspended in terms of Rule 25.70. ‘The NWC did so because it was satisfied that it was in the best interest of the ANC to suspend persons facing charges of corruption or other serious crimes, which is a position that the applicant was in. This is the same position that the NEC adopted in its meeting of 26 to 29 March 2021. | was equally satisfied that it was so. Itwas obvious that the applicant was conflicted and could not lawfully author his own letter of suspension. It thus became necessary or otherwise fell upon me to do so.65 37 63.5 It was competent for me to do so because Rule 16.9 of the ANC's Constitution allows me to deputise for the Secretary General when it is necessary to do so and to “carry out the functions entrusted to the Secretary General by... the NEC or the NWC’. In issuing the letter of suspension against the applicant ! was carrying out a function and instruction entrusted by the National Conference, the NEC and the NVC. Annexure “ANC 25" is a copy of my letter to the applicant suspending him in terms of Rule 25.70. | prepared the letter immediately after the NWC’s meeting on 3 May 2021. The letter was, for that reason, dated 3 May 2021. | am not sure when | signed it. The letter was personally delivered to the applicant on 5 May 2021 Pursuant to the same NWC meeting, | also addressed a letter to all the Provincial Sectetaries of the ANC, annexure “ANC 26”. | reported to them on the NWC resolution. | conveyed fo them that the Provincial Secretaries were accordingly also required to address letters suspending the affected members who had not stepped aside in their provinces. | also issued a letter of suspension to Cde Bongani Bongo. Cde Bongo is an NEC member and a Member of Parliament. Cde Bongo is not contesting his suspension pursuant to the step aside resolutions and the decisions of the NEC and NWC. | attach a copy of the letter as annexure “ANC 26.1”66 38 The ANC issued a media statement on 5 May 2021, annexure “ANC 27”, to the effect that the office of the Secretary General was busy Issuing letters of suspension pursuant to the mandate of the NVC. The applicant's retaliation 67 68 69 The applicant retaliated by a letter delivered to the President on 5 May 2021 but dated 3 May 2021. The applicant speculates that my letter to him was triggered by his letter to the President. But that is obviously untrue. He was present when cases such as his were discussed at the NWC meeting of 3 May 2021. The NWC instructed that all comrades regardless of the positions they occupy had to step aside and Rule 25.70 must be invoked. | had to address a letter of suspension to the applicant in terms of this instruction of the NWC. His suggestion that my letter was, in some bizarre way, a hurried reaction to his, is accordingly farfetched. Annexure “ANC 28” is a copy of the applicant's letter to the President. He purported to suspend the President in terms of Rule 25.70 under authority of the NWC. But he had no such authority to do so. The rule, in any event, did not apply to the President because he was not indicted on a criminal charge so it could not be available for the applicant to use in suspending the President. | understand, however, that the President will deal with this issue more fully. The applicant also issued a media statement on 5 May 2021, annexure “ANC 29”. He denied that his suspension was valid and publicly trumpeted the fact that he \ »70 71 39 had suspended the President, He also said that he was “appealing this unconstitutional suspension" and that his suspension was “thus wholly suspended until my appeal has been heard’ That was however a misconception. The ANC Constitution does not provide for an appeal against a suspension in terms of Rule 25.70. It also does not provide for the suspension of such a suspension pending any appeal or review. The applicant responded to my letter of suspension by an undated letter delivered on 6 May 2021. Annexure “ANG 30” is a copy. He debated his own suspension and that of the President. NEC meeting of 8 to 10 May 2021 72 73 74 The NEC met on 8 May 2021. Annexure “ANC 31” is a copy of an extract of the decisions of the meeting The applicant attended the meeting. After a discussion, the NEC resolved to exclude him from the meeting because he was suspended and thus not entitled to participate in it. | highlight paragraphs 30 to 37 of the decisions:40 74.1 The NEC noted and supported the steps taken by the NWC to implement the decision of the NEC that all members charged with corruption or other serious crimes must step aside within 30 days or be suspended in terms of Rule 25.70 (paragraph 33). 74.2 The NEC noted and supported the temporary suspension of the applicant and Cde Bongo, as well as the terms and conditions imposed to regulate the participation and conduct of members during the period that they are on temporary suspension (paragraph 35). 74.3 The NEC noted the applicant's purported suspension of the President (paragraph 32). It confirmed that the applicant had written the letter “without any authority or mandate from any structure of the movement’ and that this conduct “is completely unacceptable and a flagrant violations of the rules, norms and values of the ANC’, and was “unconstitutional and illegal, and accordingly null and void and of no effect” (p8 paragraph 37). 75 At the end of the meeting, the President made concluding remarks in public. Annexure “ANC 32” is a copy of his remarks. The President reported on the decisions of the NEC affecting the applicant as follows: “The NEC discussed of the “letter of suspension” written by the Secretary General to the President, for which the Secretary General had no authority or mandate from any structure of the movement. b Bay The NEC agreed that such conduct was completely unacceptable and a flagrant violation of the rules, norms and values of the ANC. The NEC furthermore instructed the Officials to advise the Secretary General fo apologise publialy to ANC structures and members within a set timeframe. If he fails to do so, the ANC will institute disciplinary procedures in accordance with the ANC Constitution.” 76 +The NEC also instructed the National Officials to engage with the applicant to apologise publicly to the President within a specified time limit and, if he should fail to do so, to pursue disciplinary proceedings against him. 77 — Pursuant to the meeting, the ANC issued a media statement annexure “ANC 33”. It also reflected the same resolutions taken by the NEC. The final correspondence 78 | addressed a letter to the applicant on 12 May 2021 Informing him of the NEC's direction that he apologise to the President. Annexure “ANC 34” is a copy of the letter. 79 The applicant responded later the same day. Annexure “ANC 38” is a copy of his \. letter. Se42 THE APPLICANT'S CAUSES OF ACTION Introduction 80 The applicant has not clearly identified the causes of action upon which he relies for the relief he seeks in prayers 2.1, 2.2, 2.4 and 3. He largely leaves the reader in the dark about his causes of action. | have, with the assistance of the respondents’ lawyers, attempted to identify his causes of action and shall address each of them. | call on him, if! have overlooked any of his causes of action, to point me to causes of action raised in his founding affidavit | have overlooked so | can put it right. Distortion of the National Conference step-aside rule 81 The applicant contends that the NEC and NWC have unlawfully distorted the step- aside rule adopted by the 54" National Conference. 82 But that is not so: 82.1. The resolution of the National Conference was not detailed and specific, notably in its reference to “every cadre accused of, or reported to be involved in, corrupt practices..". The National Conference left it to the NEC to develop and implement the decision taken at the National Conference. \' p43 82.2 The NEC gave {ull effect to the resolution of the National Conference by identifying the different categories of ANC members who are criminally prosecuted and voluntarily step aside, criminally prosecuted and do not step aside and against whom accusations of serious criminal conduct are made but who are not criminally prosecuted, The three categories together give full and ample effect to the National Conference resolution. 82.3 The applicant's entire attack proceeds from the wrong premise that the NEC has reduced the National Conference resolution by limiting it to people who have been criminally indicted. But that is not so. That is merely one of the categories of people subject to the NEC’s comprehensive step-aside rule. The validity of the Rule 25.70 83 84 It is frankly not clear to me on what basis the applicant contends that Rule 25.70 is invalid because it is inconsistent with the ANC’s own Constitution or the national Constitution. | am advised that the first proposition is incoherent. A clause in a contract cannot be unlawful or invalid merely because it seems to be in conflict with other provisions of the same contract. They must, as a matter of law, be reconciled with one another by proper interpretation85 87 44 There is, in any event, nothing inconsistent between Rule 25.70 and the remainder of the ANC Constitution. The applicant is under this misconception only because he characterises Rule 25.70 as a punitive or disciplinary rule, But that is not so. It is a purely preventative provision, designed to serve the best interests of the ANC by suspending people whose integrity has been cast in doubt, pending a process that that follows in court proceedings. The ANC's Constitution is also not inconsistent with the national Constitution. It is a private contract between the members of the ANC. The powers it confers on the ANC structures and officials are contractual powers and not public powers. The applicant also contends that Rule 25.70 conflicts with the presumption of innocence at common law and entrenched in section 35(3)(h) of the Constitution But it is a common law and constitutional right which vests in accused people only in and for purposes of their oriminal prosecution. An accused in a criminal case does not have any right to be deemed innocent for purposes of civil litigation founded in contract. In any case Rule 25.70, has no bearing on guilt, but only protects integrity of the ANC a value that is clearly important in the constitution of the ANC, while the applicant proves his innocence in a judicial process.45 ‘The criminal charges against the applicant 88 The applicant trivialises the charges against him and suggests that they are “an oddity, if not a downright absurdity’? and that they are frivolous? 89 But that is of course not so. The charges against him are very serious charges of fraud, corruption and money laundering. My compliance with Rule 25.70 90 The applicant challenges my power to suspend him, on the authority of the NEC and the NWC in terms of Rule 25.70. But | am advised that he is mistaken for the following reasons: 90.1 The power to suspend under Rule 25.70 is vested in the Secretary General acting on the authority of the NEC or NWC. 90.2 Rule 16.9 authorises me to deputise for the Secretary General, where it is necessary to do so, which is clearly the case in this instance. 90.3 The same rule also authorises me to carry out the functions entrusted to the Secretaty General by the NEC and the NWC. * Founding affidavit para 46 3 Founding affidavit para 49 Ny91 92 46 90.4 Both these provisions thus permitted me, in the circumstances of this case, to act against the applicant under Rule 25.70. His suggestion that the power to suspend him under Rule 25.70 vested exclusively in himself, is clearly absurd. He would be conflicted and thus not competent to act against himself under the rule. Any sensible interpretation would make it clear that it was necessary for me to exercise the power vested in the office of the Secretary General, which | have, as Deputy Secretary General, in order to act against the Secretary General if the NEC and NWC mandates his suspension. Both the NWC and | were satisfied that the suspension of members indicted on charges of corruption or other serious crimes was in the best interests of the ANC, and that the applicant was a member who fell into this category. We thus satisfied that requirement of the rule. His right to a hearing 93 ‘The applicant complains that the NEC should again have afforded him a further hearing on the question of his suspension after expiry of the 30-day deadline. But this is an absurd suggestion. He had ample time to state his case. The NEC had long decided that members facing criminal charges of corruption or other serious crimes like him should step aside within 30 days or be suspended. He had a month thereafter to state his case to all and sundry including myself and the |47 Integrity Committee. The suggestion that the NEC should have given him a further opportunity to address it is wholly unfounded My ulterior purpose 95 ‘The applicant suggests that my letter suspending him was a hurried and spiteful retaliation for his suspension of the President. But that is absurd. The NWC decided on 3 May 2024 that members facing criminal charges of corruption or other serious crimes, such as the applicant, should be suspended and that | should address @ letter to them doing so, To suggest that my letter, giving effect to the NWC resolution, was a spiteful retaliation in response to his, is accordingly entirely absurd. ‘An appeal or review 96 97 ‘The applicant says from time to time that he has noted an appeal against or review of his suspension and that the suspension is consequently suspended pending the outcome of the appeal review. But he is mistaken. His suspension is not a disciplinary step. It is entirely preventative, pending a court process following the indictment of a member. There is no right of appeal against or review of a suspension under Rule 25.70. What is provided for is a regular review of suspensions under Rule 25.70 by the NEC. “| %98 99 48 I deny the allegation that the decisions contained in annexure “SG 11” finally closed all possibilities of resolving any dispute the applicant has with the ANC internally. This is an attempt by the applicant to justify approaching the Court to set aside decisions, rules and resolutions that he has been a part of for many years. through ANC internal democratic processes. The applicant has supported the implementation of the decisions, rules and resolutions that he now challenges. He does so because they no longer suit his personal position. The letter suspending the applicant, annexure “SG7" to the applicant's founding affidavit, makes it clear at the foot of the second page that the “decision fo temporarily suspend you will be reviewed by the NEC every six months, or from time to time at your request.” This review by the NEC will be conducted based on reports of the progress achieved in the applicant's criminal prosecution. The applicant will be entitled to submit such reports regarding progress in his criminal prosecution and request the NEC to review his temporary suspension. This means that there is an internal remedy depending on the progress of the applicant's criminal prosecution.” At paragraph 3 of his undated letter, annexure “SG8” to the founding affidavit, the applicant refers to the last sentence of the letter suspending him and requests a review of his temporary suspension. The review he requests is incompetent and premature because it is not based on any progress in his pending criminal prosecution 400 | accordingly deny that any of the applicant's causes of action are valid amc49 THE SUSPENSION OF THE PRESIDENT 101 | deny that the applicant lawfully suspended the President. This issue is however addressed more fully in the President's affidavit. ACCUSATIONS OF FACTIONALISM. 102 103 104 The applicant contends that the step aside rule is used by an alleged dominant CR17 faction against what he calls the NDZ faction of the ANC. He bases this allegation on the contest between the President and Minister Nkosazana Dlamini- Zuma at the 54" National Conference at NASREC for the position of President of the ANC. | deny these allegations. They are false. First, itis false that Minister Diamini-Zuma leads a faction in the ANC known as the NDZ faction. As is the principle in the ANC, after every National Conference, contestants for positions reconcile with the outcome of the conference behind the elected leadership. To my knowledge, this is the position that Minister Dlamini- Zuma has expressly adopted. She has fully supported the elected leaders of the ANC and its constitutional structures, as led by the President. She does so in the ANC and in goverment. Le e50 108 as well as annexure “ANG 37°, a copy of Cde Mike Mabuyakhulu's supporting affidavit. 406 Secondly, the guidelines on the implementation of the step aside rule that the NEC mandated the Officials to develop, and which it adopted at its meeting on 13 to 14 February 2021, cover all the categories of members affected by the step aside rule without any distinction. | was asked to prepare the first draft of the guidelines, and thereafter handed over the entire task of developing the guidelines the Treasurer General, Cde Paul Mashatile, who was mandated by the National Officials to coordinate the process for developing the guidelines on their behalf. 407 Cde Mashatile constituted an inclusive task team to assist in the development of the guidelines. The task team included veterans of the liberation movement who are renowned leaders of the ANC and South African society. These veterans and leaders have steadfastly worked for unity in the ANC and in society. Italso included former members of the national and provincial governments and ambassadors. It comprised of the following persons: 407.1. Cde Kgalema Motlanthe, the former President of SA and former ANC Deputy President and Secretary General; 407.2 Cde Josiah Jele, the former Ambassador of South Africa to the United Nations, a veteran, and former ANC NEC member, ‘|108 109 51 107.3 Cde Thenjiwe Mtintso, an Ambassador and former ANC Deputy Secretary General; 107.4 Cde Dr Matthews Phosa, an attomey and former ANC Treasurer General; 107.5 Cde Dipuo Peters, a former Minister and former ANC NEC member; 107.6 Cde Joyce Moloi-Moropa, the Treasurer General of the South African Communist Party; and 407.7 Cde Willies Mchunu, ANC veteran, former Premier of KwaZulu Natal, and former Deputy Provincial Chairperson of the ANC in KwaZulu Natal. ‘The task team developed the guidelines in line with the resolution taken at the 54" National Conference. They did not tailor the guidelines to further any factional interests at all. | refer to a confirmatory affidavit of Cde Mashatile marked as annexure “ANC 36”, Thirdly, the implementation of the step aside rule has not been selective at all. All affected members have been requested to step aside or to appear before the Integrity Commission as the case may be. A number of members of the ANC have stepped aside when they faced criminal charges. Some did so even before the adoption of the step aside rule at the 54! National Conference. They include myself and the following members:110 114 52 109.1 Cde Mike Mabuyakhulu who is the Deputy Chairperson of the ANC in the KwaZulu Natal province. 109.2 Cde China Dodovu who was the Deputy Chairperson of the ANC in the North West Province and a Member of the Executive Council of the North West Provincial Government. Cde Dodovu’s returned after his case was finalised. He currently serves as an ANC MP in the National Assembly. 109.3 Cde Mduduzi Manana who was a Deputy Minister at the time when he stepped aside 109.4 Cde Tony Yengeni, who stepped aside even before the 54" National Conference resolution was taken. 109.5 Cde Mahlaba, the Mayor of Newcastle in KwaZulu-Natal who stepped aside after being arrested for murder in 2019. The step aside rule is supported by many members of the NEC and the NWC. for example Cde Dr Naledi Pandor endorsed the step aside resolution from its adoption, A copy the supporting affidavit of Cde Dr Naledi Pandor is attached hereto, marked annexure “ANC 37”. The implementation of the step aside rule has been endorsed by members of the ANC to whom it has been applied directly. These are members who have had to step aside when certain aspects of their characters have come into question. | attach the supporting affidavits of Cdes Mike Mabuyakhulu and Mdudzi Manana, Ps,53 as annexures “ANC 38” and “ANC 39” respectively. They support the implementation of the step aside rule, despite the fact that they have had to step aside in the past when certain aspects of their characters were brought into question. URGENCY 112 This application is not urgent. None of the grounds that the Applicant relies on create a situation of urgency 113 The step-aside resolution has been in place since December 2047. 114 Applicant has participated in every conference and meeting of the NEC and NWC in which 114.1 the step aside resolutions were discussed, affirmed and reaffirmed. 114.2 the guidelines were discussed and adopted, 114.3 a list of all members who were required to step aside were discussed. 115 He was tasked with the duty of informing the provinces to compile their lists in keeping with the NEC and NVC resolutions. 116 He knew that he had 30 days to either step aside or be suspended.117 118 119 120 121 122 123 54 Applicant met with the other officials of the ANC during the 30-day period and knew that the step aside resolution would be Implemented. The applicant could have made representations in that 30-day period on why he should not be suspended or he could have approached the court for relief. Applicant asked the NEC to give him time to reflect and consult with senior leaders of the ANC during the 30-day period. Rule 25.70 has been part of the Constitution of the ANC since 2012. The applicant claims that the matter may not properly be heard in the ordinary course. This is denied. There is ample time for the matter to be heard in the ordinary course and there is no compelling reason why it should be heard on an urgent basis. To the extent that the applicant contends that the matter is urgent (which is denied), then this urgency is self-created. This is because the applicant knew at least from the beginning of April that his suspension was coming. He could have taken preventative steps or launched his application for review much sooner Furthermore, some of the principal allegations made by the applicant are disputed and the applicant knew or should have known this. La ,124 125 126 127 It is simply incorrect that this matter is urgent because in the applicant's view, the purported crisis in the ANC spells a crisis for all South Africans, whether or not they support or vote for the ANC. This contention is merely atmospheric and has no basis whatsoever. This application is about one individual only, namely the applicant, who has failed to follow prescripts and resolutions of his own organization instructing that people like him who are charged criminally should step aside if they cannot give acceptable explanations to the Integrity Commission of their own organisation. It is simply not correct that this case places the nation closer to a crisis. There is no crisis. If there are any tensions in the various structures of the ANC, either in support or condemnation of the applicant's suspension, this should be dealt with within the ‘ANC Constitution and protocols. It cannot be raised as the basis for urgency. Such an approach of dealing with the differences within the ANC, would be in line with the applicant's widely published statements in which he speaks strongly against ANC members taking the ANC to court. For example, he was recently quoted by Citizen online newspaper for having previously warned ANC members against « htps:veitzen.co.zainews/south-africa/polltics(249 1447/watch-ace-magashules-past-remarks-saying-he-wonttake- aneeto-court’56 taking the ANC to court and that those who did faced a possibility of expulsion from the ANC. Prior to the hearing of this application, we will try by all means to obtain the full transcript in support of the contents of what is reported in the link and file it with the Registrar to be placed in the court file. Alternatively, we will try to obtain the link that contains a video recording of the applicant uttering these words. 128 We deny that the resolution of the dispute will not only benefit the parties and the organization but also the stability of the country, the economy and investor confidence. This is a matter of an individual and does not involve the country or its economic stability. 129 The fact that the Secretary-General is tasked with overseeing the processes that take place within the ANC ranging from preparation for the local government elections and the next National Conference is irrelevant. It certainly provides no basis for why this honourable court should urgently determine this matter. The Secretary-General is a position in the ANC and does not refer to the incumbent. There are other members and officials of the ANC who can carry out those tasks. | continue to carry out the functions of the office of Secretary General, as Rule 16.9 of the ANC Constitution requires me to do. “hitps:ifaitizen,co.zainews/south-attica/poltics/2491447/walch-ace-magashules-past-remarks-saying-he-wonttake- be57 130 The applicant also has a remedy of an internal review of his temporary suspension dependant on the progress achieved in his criminal prosecution. 131 Having regard to the above reasons, itis apparent that this application is not urgent. If the honourable court finds that it is somewhat urgent, then it is not urgent in the manner that the applicant contends it is. Furthermore, the alleged urgency is self- created as the applicant knew at least from the beginning of April that his suspension was coming. He could have taken preventative steps or launched his application for review much sooner. THE FOUNDING AFFIDAVIT PARAGRAPH-BY-PARAGRAPH 132 | will not deal with each and every allegation in the founding and my failure to do so is not admission Paragraphs 15, 16, 17 and 19 133. The history and involvement of the applicant in the ANC is well documented. This application therefore comes as a surprise from someone who should be steeped in the values, culture and practices of the ANC, and who has ascended to one of the highest positions of leadership in the organization.58 134 As Secretary-General he has been intrinsically involved in all the decisions, meetings and processes to implement the resolution of the 54" National Conference on ANC Credibility and Integrity: Dealing with Corruption, and on Fighting Crime and Corruption. 135 As a leader in the ANC over many years, he participated in all the conferences after the unbanning of the ANC and should know and understand the organization and its Constitution. Paragraphs 18, 20, 21, 22, 23, 24 and 25 136 We have set out the relevant constitutional structures and arrangements of the ANC which are applicable to this matter. 137 The National Working Committee is not a sub-committee of the NEC. It is a self- standing constitutional organ which performs duties and functions assigned to it by the ANC Constitution. 138 The NEC has the power to appoint sub-committees to deal with various issues and the NWC is not one of those sub-committees. Rule 12.2.6 gives the NEC the power to establish departments and committees, ad hoc or permanent, as it considers appropriate, and to delegate powers and functions to such departments and b 7 committees. The NVVC is not such a subcommittee.59 Paragraphs 26-36 139 140 144 | have dealt with the issue of factionalism in the relevant part of this affidavit. There is simply no basis to the allegation that the slep aside resolution is being implemented in a factional manner. The ANC has in its resolutions condemned the leaking of confidential documents and deliberations of the structures of the ANC. This is a practice that must stop. The applicant quotes selectively from leaked audio recordings of inputs by participants in the NEC meeting, | have referred to the minutes and public statements of the ANG which reflect the correct deliberations and decisions at the relevant ANC meetings. Paragraph 36 142 143 The allegations in this paragraph are devoid of any truth. As has been amply demonstrated, the step-aside resolution binds every member of the ANC and the NEC has been charged with the responsibility of implementing that resolution without fear or favour. | deny the suggestion by the applicant that the motive behind his suspension is that he be purged fuelled by the desire to remove him, “by hook or by crook from all- <“60 powerful position of SG, so that the road to the re-election of President Cyril Ramaphosa and faction in the National Conference is made easier.”. Paragraphs 37 and 38 144 Itis ironic that if the applicant agrees that one of the most serious problems facing society in South Aftica is corruption, he would not support the efforts of the ANC to fight corruption through the implementation of the step-aside resolution. He has been charged in a criminal court for fraud, corruption and money laundering and should lead by example and step aside as other members of the ANC have done. Doing so protects the integrity of the ANC. Paragraphs 39-61 145 146 | have dealt extensively with the relevant history of the step aside resolution and its implementation. | have also addressed the criminal charges that have been brought against the applicant. The criminal charges are serious and are not limited to a failure to implement oversight. Thete is no resolution of the NEC which has been passed or applied to target anyone, let alone the applicant. The step aside rule has been part of the ANC for years, It has been applied across provinces, with no discrimination regarding who the relevant people were whether they were members, office bearers or senior61 members of the ANC. It has now been developed and formalised, through Rule 25.70 of the Constitution and the resolutions of the 54!" National Conference, well before the applicant was charged. 147 For example, the step aside resolution was applied to members, including comrades Tony Yengeni, Mdududzi Manana, Mike Mabuyakhulu, China Dodovu, Marius Fransman, Pule Mabe, and Zizi Kodwa as | have demonstrated above. It was also applied in the cases of comrades Danny Msiza and Florence Radzilani, respectively the provincial treasurer and deputy chairperson of the ANC in Limpopo, in connection with allegations of wrongdoing at the Venda Building Society (VBS). The list is considerable. 148 Most of these comrades stepped aside voluntarily. 149 The process of nominating and electing new members and leadership has not even begun. It is presumptuous for the applicant to even begin to talk about and deal with matters of elections. 150 | deny that the applicant was elected specifically with the duty of organizing the next conference in December 2022, and that the Secretary General ‘plays the role of a constitutional gatekeeper and referee in respect of the eligibility of for participation in the elective conference’. Rule 10.2 of the ANC Constitution provides that: “The NEC shall appoint a Conference Preparatory Committee which shall circulate Conference information in advance, determine the precise NY co}62 procedure for the selection of delegates and indicate how the membership can then ensure that their concerns are on the agenda.” The crux of the matter is that the function of running the organization and organizing elections rests on the National Executive Committee. 151. | deny that there is any unlawful conduct taken to remove, even temporarily, the applicant from his democratic elected position. | deny that there is any self-help on the part of any member 152 | have also dealt with the applicant's meeting with the Integrity Commission during December 2020 and deny anything stated by the applicant to the contrary to what I have discussed above. Paragraph 62 153. Itis ironic that while the applicant acknowledges that no sane person can oppose the original step-aside regime as resolved by the National Conference, he then challenges the very self-same regime. There has not been any unlawful or factionally reconfigured version. | deny the remainder of the allegations in this paragraph. Paragraphs 63-130 EP Q63, 164 | need not respond to each and every allegation in these paragraphs and deny them to the extent that they differ from my account of events. PRAYERS 455 | ask that the application against me be dismissed with costs. 486 The ANC asks that the application against it be dismissed with costs, Vesela DEPONENT th SIGNED and SWORN to before me at on this 25" day of May 2021, the Deponent having acknowledged that she knows and understands the contents of this Affidavit; that he has no objection to taking the prescribed oath and that he considers the oath as binding on his conscience. COMMISSIONER OF OATHS 5TSO SELEPE KHOPOTSO SELEPI COMMISSIONER OF OATHS Practising Attorney Gautend Ditsela incorporated Attomeys a 3A, Guild House, 239 oe ir * Nieuw Muckleneul, Pre! ne Tel: 051 9953.As amended and adopted by the 54" National Conference Nasrec, Johannesburg 20171 ANC Constitution ‘as amended and adopted at the 54 National Conference, Nastec, Johannesburg 2017 CONTENTS Preamble De itions Rule |: Name Rule 2: Aims and Objectives Rue 3: The Character of the ANC ue 4: Membership Rule 5: Rights and Duties of Members Rule 6: Gender and Affirmative Action Rule 7: Organisational Structure Rule 8: The Headquarters Rule 9: Provinces Rule 10: National Conference Rule |: Powers and Duties of the National Conference Rule 12: National Executive Committee Rule 13: National Working Committee Rule 14: The Electoral Commission Rule 15: The National Finance Committee ve 16: Duties and Functions of Officials Rule 17: Provineial Conference fule 18: The Provincial General Council ule 19: Provinelal Executive Committee ule 20: Provinelal Working Committee Rule 21: Regions fule 22: Provincial Chaplaincies Rule 23: Branches, Zonal and Sub-Regional Structures Rule 24: Integrity Commission and National Dispute Resolution Committee Rule 25: Management of Organisational Discipline Rule 26: Rules and Regulations Rule 27: General Rule 28: Amendments Pule 29: Special Conference Rule 30: Contractual Liability Rule 31: Borrowing Power Rule 32: Transitional Arrangements Rula 33: Dissolution Schedule: ‘Appendix 1: ANC Loge and Colours Appendix 2: Freedom Charter Appendix 3: Procedure for the conduct of disciplinary proceedings Append 4: National Dispute Resolution Committee ANC Constitution %PREAMBLE ‘WHEREAS the Aftican National Congress was founded in 1912 to defend and advance the rights of the African people after the violent destruction of their independence andthe creation of a white supremacist Union of South Alea; AND WHEREAS in the course of fulfilling this bistovi aim, the African National Congress has emerged to lead the strugale ofall democratic and patti Fores to destroy the apartheid sate and veplace it with a united, non racial, non-sexist and democratic South Africa in which the people as a whole shall govern and all shall enjoy equal rights; AND WHEREAS through the struggles and sterifices of ils members over the generations, the Aftican National, Congress has come to be recognised as the central arganiser and inspver of a vast popular upsurge against apart- heid, involving a great aray of social cultural, religious, wade union, professional and political organisations, AND WHEREAS the fundamental goal of the Aftican National Congress remain (0 ov racial, non-sexist, democratic and prosperous society in South Africa; AND WHEREAS the historic April 1954 election has placed the Aftican National Congress in a position of responsibilty for leading the process of reconstruction and development aimed at eradicating the problems of poventy and inequality created by apartheid and creating a just and equitable economic and social order; NOW THEREFORE the National Conference of the African National Congress, daly constituted and assembled, ‘cognisant of the historic mission of the Afvican National Congress and of the need to build @ mass based demo” ‘ti stricture to enable ito full its histrie mission, hereby adopts this amended Constitution as follows: ret united, no DEFINITIONS ‘The words, terms and acronyms used in the Constitution and the Appendices bear the following meanings, un- less the context indicates otherwise: “accountable” means to ansiver for, or explain, one’s conduct, decisions or acts; “ANC? means the African National Congress; “appeal” means to resort to or apply to a higher authority inthe ANC structures for a decision; “appellant” means a member, office bearer or public representative who appeals against x decision af a Dis- ciplinary Committees “Appendix” means an attachment or annexure to this Constitution; “assembly or gathering” means a grouping of ANC members who come together for a specific purpose: “autonomous” means that the Leagues function independently, next to and in acklition to ANC structures and within the framework of the Constitution and policies of the ANC; “BDC” means & Branch Disciplinary Committees “BEC” means the Executive Committee of a Branch of the ANC; “biennial” means once every two years; “Branch in good standing” means a Branch that is recognised by the ANC tobe Fully compliant with its oblign- tions in terms of this Constitution and whose members are paid-up members: “bribe” means any promise or offer to give something, usually money, to procure services or gain influence in ‘an improper manner, “candidate duly endorsed” means candidate nominated and elected democratically by the constitu structures of the ANC at the appropriate levels, and endorsed by the NEC, the PEC or the Branch; “caucus” means an organised group of public representatives of the same political party which structure or institution at each respective sphere of governance and which meets privately to discuss policy, is- sues pertaining to voting and strategies in preparation for open meetings with other political parties where such policies are discussed and voting takes places chaplain” means a priest, religious or spiritual leadei “Chief National Presenter” means a person appointed in terms of this Constitution to present the case of the PDC, NDC an! NDCA, as the case may be, in disciplinary and appeal proceedings and “Chief Provincial Presenter” and “Chie? Regional Presenter” have the same meaning, in respect of the relevant organisational level and “Presenter”, where used, refers to all of the persons included in the definition of “Chief National Presenter”, “complainant” means, in the context of disciplinary proceedings, tte ANC; nal “Constitution” means the ANC Constitation; “contractual lability” means the debt or risk a party takes on or assumes when if enters into an agreement with another party or parties, usually expressed in a written and binding contact: “co-opt” means to add to.a structure by a vote or decision of those already members of that structure; “days” means calendar days and include Saturdays, Sundays and public holidays; (ent with” means agreeing, compatible, not contradictory; ANC Constitution | 2deemed” means a state of affairs which does not necessarily or in fact exist, but is taken For granted 10 exist, Department” means any operational division of the ANC at national, provincial, regional and focal fevel and excludes structures and committees established in terms of this Constitution; “deployed member or deployee” means a member who accepts to perform certain duties and functions on ‘bchalf of the ANC in a representative capacity, in addition to his or her duties and obligations as a member; “designated to administer oaths” means the person or persons designated within the ANC to administer the oaths “direct” means to conduct the affairs of, manage, or regulate; “airective” means an order or instruction, especially one issued by a cential authority: “disciplinary committee” means 2 disciplinary committee of the ANC constituted in terms of this Consttu- disrepute” means the absence or loss of reputation, diseredit or disgrace; “election agent” means a representative of a candidate contesting an election who represents the interests of that candidate; “elective office” refers to an office held as Couneillor, Member of the Provinctal Legistaure or Member of Pavfiament; ‘Blectoral Commission” refers to a body appointed by the ANC from amongst its members to constiute 20 Electoral Commission; “cligible/ineligible {for membership)” refers to the rules that determine which persons are eligible for quali- fied for or worthy of) membership of the organisation, (A person qualified for membership is not necessarily cntitied to membership); endorsed” means approved or supported; “ethnic chauvinism” means a prejudiced belief inthe superiority ofa certain thie group (a cultural or social group with certain characteristics like religion, language, ancestry or physical tails); ex officio" means hy virtue of his or her position or office: “Freedom Charter means the document containing the essential philosophy of the ANC, adopted by the (chen) alliance in 1955 and ratified by the ANC in April 1956 and which is annexed (0 this Constitution as Appendix 2; ‘full-time functionaries” means members of the National Officials Committee and Provincial Secretaries who are engaged full-time by the ANC on a salaried basis; good cause shown” means sufficient reason for any fact or circumstance that would make it just and fair between the parties; “thonorary metabership” refers to membership given as a marks of honour without the usual requirements oF privileges of membership; “impede” means to obstruct the way of, or hinder the progress of; invitee” means a person who has been invited toa gathering of the ANC ora structure of the ANC who enjoys ro rights or privileges in the Organisation; sjurisdiction” means the range of authority one has over individuals and events; Leagues” means the ANC Womens’ League, the ANC Youth League and the ANC Veterans” League; “egal relationship” means a relationship, like a contract, from which legal rights obligations and duties flow; “Jogo and colours" means that the ANC is the sole copyright holder of its logo and colours; member” means a member of the ANC; “member not in good standing” means a member who falls to pay his or her subscriptions for three months tnd whose membership tas lapsed, “qnisappropriation” means (0 use money or funds wrongly or dishonesty, especially for one’s own uses, “money-laundering” means 2 criminal offence as defined by statute and means the process of concealing the source of money obtained ty illicit means; “qnatatis mutandis? means that the body of information remains essentially the sanie but only minor deta will change to fit the citeumstances; “National Chairperson” means the National Chairperson of the ANC; “National Democratic Revolution” means the process of transforming the country from an apartheid state to a non-racial, non-sexis, united democratic society in which all people enjoy equal rights; “National List Committee” means a committee appointed annually by the NEC and which is tesponsible for | drawing up regulations aud procedures to be used inthe selection of candidates for Parliaments | “NDC” means the National Disciplinary Committee; | “NDCA” means the National Diseiplinary Comittee of Appeals, | | “NEC” means the National Executive Committee of the ANC; “NGC” means the National General Council of the ANC; ® “natural justice rules” means the rules that no one can be a judge in his/her own cause and one should be given the opportunity to be heard; “nominate” means lo propose by name as a candidate, vi “non-earning members” means members who are not in gainful employment; t v “NWC” means the National Working Committee of the ANC; ANC Constitutionoffice bearer” means any member who has been elected and holds an office or position of authority th & structure ofthe ANC: “officials” means the National Officials reerted to in Rules 16.1 10 168; “Organisation” means the African National Congress; ‘Party in alliance” means the South Aftican Communist Party (SACP), the Congress of South Aftiean Trade Unions (COSATU) aud the South African National Civie Organisation (SANCO} “PDC” means a Provincial Disciplinary Committee: “SPEC means a Provincial Executive Commitee of the ANC: “periodic” means from time to time; «perpetual succession and power” means the sights that vest indefinitely in the Organisation asa Lega person as distinct from its individial members “PGC? means the Provincial General Council of a Province, of the ANC; president” means the President of the ANC and "Deputy President” means the Deputy President of the ANC, “presumption” means a factor state of existence that is taken fr granted unless the contrary is proveds operly constituted Branch General Meeting” means a Branch meoting tat complies with all aspects or requirements ofthe Constitution, including any quorum requirements; ‘provincial List and Candidates? Committee” means the Committee in each Province responsible forthe compilation of elections lists and ward candidates, “provisional membership” means the membership of a member whose application for membership has not jebeon confirmed, but io may participate in the activities of the Organisation except being elected Yo any ‘committe, stucture, commission or delegation of the ANC; “Spublic representative” means a member who represents the ANC in national provincial or Hoeal government in terms of a contract of deployment entered into with the ANC: “Provinelal Secretary” means the secretary of a Province of the ANC «pW means the Provincial Working Committee of a Province of the ANC; quorum” means the minitnut numberof officials or member of a structure, committe, assembly oF gether: ing, usually & majority, who must be present for te valid transaction ofthe business of Uke meetings S ratify” means to approve or give format sanction C0; RDC” means a Regional Disciplinary Committoo, srebuttable” in celetion toa presumption means that which can be challenged by evidence to the contrary “REC” means the Regional Executive Committee af a Region of the ANC: “recall” moans o ordet to return; ‘Region’ means the geographical area of the Province, and not the “region” as defined in Rule 21: sregistered political party” refer 1 registration in ers ofthe Electoral Act, 1998 (Act No. 73 of 1998); sepresentative” means a member ofthe ANC in good staking who acts on behalf of a charged member in disciplinary proceedings; “rescind” means to void or repeal, review” means to reconsider the acceptance or refusal of; RWC? means a Regional Working Committee of the ANC: neral” means the Secretary General ofthe ANC and “Deputy Secretary General” means the Deputy Secretary General of the ANC; “Standing Order" means a directive or instruction made by a structure in authority; supervise” means to direct and inspeat the performance of work or fo oversee; “suspend” means to bar fora period of time access toa privilege, office o position; ‘ted vote” means a state of equality of votes, a draws “Treasurer General” means the Treasuret General of the ANC; “etbalistic exclusivism” means to prevent persons from certain tribes to play a role in the Organisation, orto admit only persons from certain tribal backgrounds to membership or participation; undermines” means (0 weaken, injure or ruin insidiousy or secrelys “Whip” means an officer, esbally a Member of Parliament ofa political paty in Ptiament who exercises some authority over other members of the same party universal suffrage’ means the right ofall persons to votes ‘oting distriet” refers to a geographical arca demarcated oF defined by the Electoral Commission referred to inthe Flectoral Act, 1998, fr the purpose of voting in elections ia the county; and “zone” means & (geographical) area distinguished from adjacent pats by some distinetive feature or character ¢ : ANC Constitution | 45 Rulo 1 NAME 1.1 The name of the orga the ANC. 1.2 The colours of the ANC are black, green, and gold and the logo is as described in Appendix 1. ation is the African National Congress, hereinafter referred to as Rule 2 AIMS AND OBJECTIVES ‘The aims and abjectives of the ANC are: 2.1 To unite all the people of South Attica, Afticans in particular, for the complete liberation of the country from all forms of discrimination and national oppression; 22. To-end apartheid in all ts forms and transform South Africa as rapidly as possible into a united, non- racial, non-sexist and democratic country based on the principles of the Freedom Charter (Appendix 2) and in pursuit of the National Democratic Revolution; 2.3. To defend the democratic gains of the people andl to advance towards a society in which the govern~ ment is freely chosen by the people according (o the principles of universal suffrage on a common voters’ roll; 24 To fight for social justice and to eliminate the vast ‘of national oppression; equalities created by apartheid and the system 2.5 Tobuild a South African nation with @ common patriotism and loyalty in which the cultural, linguis~ tic and religious diversity of the people is recognised, 2.6 To promote economic development forthe benefit of alls 2.7 To support and advance the cause of women's emancipation; 28 To eupport and advance the cause of national liberation, development, world peace, disarmament and environmentally sustainable development; and 29° To support and promote the struggle for the rights of children and the disabled Rule 3 THE CHARACTER OF THE ANC 3.1. The ANC is @ non-racial and non-sexist and democrat 3.2 Its policies are determined by the membership and its Leadership is accountable to the membership in terms of the procedures laid down in this Constitution. eration movement, 3.3. The ANC also contests elections as a registered political party drawing its electoral support from all sections of South Aftican society, 3.4 The ANC shall, in its composition and functioning, be democratic, non-racial and non-sexist and ‘combat any form of racial, cribalistic or ethnic exclusivism or chauvinism, 3.5. While stiving for the maximum unity of purpose and functioning, the ANC shall respect the iguistic, cultural and religious diversity of its members, 3.6. The ANC shall support the emancipation of women, combat sexism and ensure that the voice of jvomen is fully heard in the Organisation and that women are properly represented at all levels. 37. The principles of freedom of speech and free circulation of ideas and information shall operate within the ANC. 3.8 Membership of all bodies of the ANC shall be open fo all men and women in the Organisation without regard to race, colour or creed. 3.9. The ANC shall cooperate closely with religious bodies in the country and shall provide, on an interfaith basis, for the recognition of the spiritual needs of its many members who are believers. Rule 4 MEMBERSHIP 4... Membership of the ANC shall be open to all South Africans above the age of 18 years, irrespective of race, colour and creed, who accept its principles, policies and programmes and who are prepared to abide by its Constitution and rules, 412 All persons not of South Aftican origin who have manifested a clear identification with the South ‘African people and their struggle and are resident in South Africa may apply for membership. ANC Constitution43. The National Executive Commitee may, acting on its own oF on the recommendation of Branch ae rovineial Exceutives Committees, grant honorary membership t0 those men and women Who ‘fo not qualily for membership under Rute 4.1 and 4.2, but who have demonstrated an unwavering commitment to the ANC and its policies, 44. Applications for membership shall be considered by the Branch Executive Committ (where such ets) in consultation with the Branch General Meeting, and by the Regional Executive Commies, stay Branch Executive Commitice exists. The Branch Executive Committee, the Regional Executive ‘Commitee, or such interim structures as the Provincial Executive Commitee or the NEC may create from time to time to decide on applications, may accept or refuse any application for membership provided such acceptance or refusal is subject fo reviews by the next higher organ of the ANC- 4,5. Membership cards shall be issued to registered members of the ANC. ‘46. Persons whose applications for membership have been accepted, subject review ws provided for in Rule 4.11, shall be issued with: 46.1 A temporary membership card; and 462. An acknowledgement of provisional membership and the detals of the, Branch and aesttueneyfarea in which the applicant resides and any avallable information about the local Branch structures, 447 Membership and temporary membership cars referred 19 in Rule 46.1 and 4.62 above shall be issted, subject to payment of the prescribed subscription fee. 148. Provisional membership shall apply to persons who wish o join the Organisation forthe fits fime oy ho mish to rejoin the Organisation aera considerable lapse of dime or circumstances determined by the NEC. 149. Provisional membership rights commenectzom the date of production of acknowledgement following foccipt of the application and the appropriate membership subscription. A provisional member may attend Branch meetings only in a non-voting capacity 410 Any objection to any application for membership may be made by any member ofthe ANC 10 the Branch, Regional or Provincial Secretary within 6 (six) months of the notification. “4,11 Atany time before the individual is accepted as a full member of the Organisation, oF in exceptional raey Gaines oven afer the member has been admitted, the Secretary General may rule that the ‘application or the membership be rejected if it was obtained invalid. 4412 Io the absence of any objection from the structures and/or any ring by the Secretary General the applicant shall, on the expy of 6 (Six) months from the date of notification of provisional pe ship, become a full member, The provisional member shall then be transfered to the national membership list as a full member as soon as is practicable. 1413 The reasons for the rejection of an application for membership by the Secretary General or the objection ta the aplication for membership must be sent to the individual applicant n writing 4.14 Members shall pay an annual subscription fee as determined by the National Executive Commitee. “£15 Non earning members or those on reduced incomes shall pay such fes as determined by the NEC 4.16 On being acvepted in the ANC, a new member shall ina language he or she knows well, make the following solemn declaration tthe body or person designated to administer such oaths: “(ook solemnly declare that I will abide by the aims and objectives of the African Natlonal Congress as set out in the Consitution, the Freedom Charter and other dly ‘adopted policy postions, that I am joining the Organisation voluntarily and without motives of material advantage or personal gain, that Lagree to respect the Consttufion vind the structures and to work as a loyal member of the Organisation, hat Iwill place iny energies and skills at the disposal of the Organisation and carry oul tasks given tone, that Iwill work towards making the ANC an even more effective instrument of Iiberation in the hands of the people, anc that Iwill defend the unity and integrity of tne Organisation and its principles, and combat any tendency rowards disruption and factionalism. 14.17 Members who fail to pay their subscriptions for three months and having been reminded of thelr Tapse by instant messaging service (SMS), will not be regarded as members in good sanding until they pay their arrears. » vL ps ANC Constitution | 6Rule 5 RIGHTS AND DUTIES OF MEMBERS 5.1 Rights 5.1 Amember shall be entitled to Sul Take a full and active partin the discussion, formulation and imple-mentation of the policies of the ANC; 52 52 53 54 5.1.2 Receive and impart information on all aspects of ANC policy and activities; 5.13 Offer constructive criticism of any member, official, policy programme or activity of the ANC Within its siruetures, 5.1.4 Take part in elections and be elected or appointed to any committe, structure, commission or delegation of the ANC; and 5.1.5 Submit proposals or statements to the Branch, Province, Region or NEC, provided such proposals or statements are submitied through the appropriate structures. Duties ‘A member of the ANC shall: 5.2.1 Belong to and take an active part in the life of bis or her Branch; 5.2.2. Takeall necessary steps to understand and carry out che aims, policies and programmes of the ANC; 52.3. Explain the aims, policies and programmes of the ANC to the peoples 5.24. Deopen bis or her understanding of the social, cultural, political and economie problems of the country; 5.2.5 Combat propaganda detsimental to the interests of the ANC and defend the policies, aims and programme of the ANC; 52.6 Fight against racism, tribal chau-vinism, sexism, religious and political intolerance or any ‘other form of discrimination or chauvinism; 5.2.7 Observe discipline, behave honestly and carry out loyally the decistons of the majority and decisions of higher bodies; 5.2.8 Inform his or her Branch of movement of residence to any area outside his/her Branch and report to the Branch Secretary on arriving at the new area; and 5.2.9 Challenge, within the branch, any decision taken by the branch in breach of fair and just ‘administrative procedure. Should the BEC fail, refuse or neglect to rectify any decision so taken within 2 (two) months, a member shall be obliged to escalate his or her grievance to the REC and, failing resolution by that structure, to the PEC in an effort to resolve the dispute internally. ‘All members shal] ensure that they are registered as voters in the constituency in which they live. "ANC members who hold elective office in any sphere of govemance at national, provincial or local fevel are required to be members of the appropriate caucus, t0 function within its rules and to abide by its decisions under the general provisions of this Constitution and the constitutional structures of the ANC. Rule 6 GENDER AND AFFIRMATIVE ACTION 6.L 62 In the endeavour to reach the objective of full representation of women in all decision-making structures, the ANC shall implement a programme of affirmative action, including the provision of a quota of not less than 50% (fifty per cent) of women in all elected structures of the ANC to enable such effective participation, “The method of such implementation will be addressed in all ANC structures immediately and on a continuous basis. Rule 7 ORGANISATIONAL STRUCTURE 1 "The ANC consists of the following organs: F.L.1 ‘The National Conference which elects the National Executive Committee; 714.2. ‘The Provincial Conference which elects the Provincial Executive Committees 7.13. The Regional Conference which elects the Regional Executive Committee; 7 | ANC Constitution7.14 ‘The Branch Biennial General Meeting which efects the Branch Executive Committee 7.2. Branches may be grouped together in zones and may, or the purposes of coordination, be subdivided into smaller units such as street committees, voting districts and zones may be grouped into sub- regions, Any Sub-Branch so established shall have the same voting powers as a Branch, ANC WOMEN’S LEAGUE 73 Membership of the ANC Women’s League shall be open to women who are members of the ANC ‘and it has the same basic structures, namely, national, provincial, regional and Branch structures. Its objectives are to defend and advance the rights of women, both inside and outside the ANC, against all Forms of national, social and gender oppression and to ensure that women play a full role in the life of the Organisation, in the people’s struggle and in national life. The ANC Women’s League shall function as an autonomous body within the overall structure of the ANC, of which it shall be an integral part, with its own Constitution, rules and regulations, provided that these shall not be in conflict with the Constitation and poticies of the ANC. ANC YOUTH LEAGUE 714 ‘The ANC Youth League shall be open to all persons between the ages of 14 (Fourteen) and 35 (thirty five) years. It operates on a national, provincial and branch basis. Its objectives are to unite and Tead young men and women in confronting and dealing with the problems that face the youth and to ensure that the youth make a full and rich contribution to the work of the ANC and the life of the nation, The ANC Youth League shall function as an autonomous body within the overall structure ‘of the ANC, of which it shall be an integral part, with its own Constitution, rules and regulations, provided that these shall not be in conflict with the Constitution and policies of the ANC. 7.5. Members of the ANC Youth League over the age of 18 (eighteen) shall play a full part in the general political life of the ANC. 7.6 Amember of the ANC Youth League shall not be eligible for election toany position as office-bearer ‘of the ANC or to altend ANC conferences, members’ or executive meetings of the ANC (unless specially invited), unless he or she is a full member of the ANC. ANC VETERANS’ LEAGUE 7.7 The ANC Veterans’ League shall be open to all ANC members 60 (sixty) years of age or older, who have served the ANC and the movement over an unbroken petiod of 40 (forty) years. It shall ‘operate on # national and provincial basis. Its objectives are to ensure that veterans make a full and rich contribution to the work of the ANC, to the movement and to the life of the nation, The ANC Veterans’ League will function as an autonomous body within the overall structure of the ANC, of which it shall be an integral part, with its own Constitution, rules and regulations, provided that these shall not be in conilict with the Constitution and policies of the ANC. Rule 8 THE HEADQUARTERS 8.1 The site of the National Headquarters of the ANC shall be determined by the NEC. Rule 9 PROVINCES 9,1 For purposes of ANC structures, the country shall be divided into the following provinces, which shall be demarcated to correspond stricily to the provincial boundaries established in the South ‘African Constitution: 9.1.1 Eastern Capes 9.1.2 Free State; 9.1.3 Gauteng; 9.1.4 KwaZulu/Natal; 9.4.5 Limpopo; 9.1.6 Mpumalanga; 9.1.7 North West: 9.1.8 Northern Capes and % 9.1.9 Western Cape. \ iil 8 9.2. ‘The provincial headquarters shall be determined by the Provincial Conference. ANC Constitution |Rulo 10 THE NATIONAL CONFERENCE 10.1 The National Conference isthe supreme 1 prised of: fing and controlling body of the ANC. It shall be com 10.1.1 Voting delegates: 10.1.4 Atleast 90% (ninety per cent) of the delegates at Conference shall be from Branch cs, clected at properly constituted Branch General Meetings. The number of del~ ‘egates per Bratich shall be in proportion to their paid up membership, provided that each Branch in good standing shall be entitied to at least | (one) delegate; 10.1.2 The number of delegates to be allocated to each province to attend the National Conference shall be fixed by the NEC in proportion to the paid up membership of ceach Province; 10,1.1.3 All members of the National Executive Committee shall attend, ex officio, as full participants in, and as delegates to, the Conference and 10.1.4 The remainder of the voting delegates at the Conference shall be allocated by the [NEC from among members of the Provincial Executive Committees, the ANC Vet- ‘rans’ League, the ANC Youth League and the ANC Women’s League, 10.1.2 Non-Voting Delegates: 10,1.2.1 The NEC may invite individuals, who have made a special contribution to the strug- ‘le or who have special skills or experience, co attend the Conference. 10.2°The NEC shall appoint a Conference Preparatory Committee which shall circulate Conference infor- ration in advance, determine the precise procedure for the selection of delegates and indicate how the membership can then ensure that their concems are on the agenda. 10.3 The Conference shall determine its own procedutes in accordance with democratic principles. 1024 Voting on key issues, as determined by Conference, shall be by secret ballot if atleast one third of the del- cegates at the National Conference demand i. 10.5 The National Conference shall be convened at least once every five yeurs. National General Council 10.6 ANational General Council may be convened by the NBC from time to time, provided that the NEC shall convenea National General Council not later than 30 (thirty) months after the National Conter- ence. 107 The NEC shal, after consultation with Provinces, determine the composition of the National Gen~ eral Council 10.8 The National General Counc) shall 10.8.1 Subject to Rules 108.3 and {0.8.4 below, determine and review the policies and programmes ‘of the ANC; 10.8.2 Receive and discuss reports of the NEC; 10.8.3 Have the right to ratify, alter or rescind any decision taken by any of the constituent bodies, units or officials of the ANC, except the National Conference, including the evaluation of the performance af members of the NEC; 108.4 Have the power to discuss any issue it deems necessary, taking into account policies and ditectives of the National Conference; and 10.8.5 Subject to Rule 13.13 below, fill vacancies that have arisen in the NEC provided that such vacancies do not exceed 50% (fifty per cent) of the NEC. Rule 11 POWERS AND DUTIES OF THE NATIONAL CONFERENCE The National Conference shall: p ILI Decide on and determine the policy, programme and Constitution of the ANC; 11.2 Receive and discuss the reports of the NEC which shall include the Presidential Address, the Secretary General's Report, which shall inchide a report on the work and activities of the ANC Veterans” Leap, the ANC Women’s League a the ANC Youth League, and the Treasurer General's Repost f 9 | ANC Constitution11.3 Have the right and power ta review, ratty, alter or rescind any decision taken by any of the constituent structures, committees or officials of the ANC; 114 Elect the President, the Deputy President, National Chairperson, the Secretary General, Deputy Secretary General, the ‘Treasurer General and the remaining 80 (eighty) additional members of the NEC; and 11.5 Have the power to elect or appoint any commission or committee and assign specific asks and duties to such commission or committee Rule 12 NATIONAL EXECUTIVE COMMITTEE Powers of the NEC 12,1 The National Executive Committee is the highest ongan of the ANC between National Conferences anid fas the authority to lead the organisation, subject to the provisions of this Constitution. 12.2 Without prejudice to the generality ofits powers, the NEC shall: 12.2.1 Convene the National Conference and the National General Council and carry out the deci sions and instructions of the National Conference and the National General Council 12.2.2 Issue and send directives and instructions to and receive reports from the Provinces; 12.2.3 Supervise and direct the work of the ANC and all its organs, including national, provincial and local government caucuses; 12.2.4 Basure that the Provincial, Regional and Branch structures of the ANC and the Leagues func- tion democratically and effectively. (The NEC may suspend or dissolve a PEC where neces: sary.) The suspension of a PEC shall not exceed a period of 3 (three) months. The election of a PEC, which has been dissolved, shall be called within 9 (nine months) from date of dissolution. ‘The NEC must appoint an interim steucture duting the period of suspension or the dissolution of the PEC to Fulfil the functions of the PEC) 122.5 Oversee the work of the ANC Veterans’ League, the ANC Women’s League and the ANC Youth League; 12.26 Establish Departments and set up committees, ad hoc or permanent, as it considers appropriate, nc to delegate powers and functions to such Departments and committees; 12.2.7 Manage and control all the national and intemational property and assets of the ANC: 12.28 Receive reports, supervise the work of and delegate such functions to the NWC, as it considers necessary; 12.2.9 Issue documents and other policy directives as and when it deems fit; 12.2.10 Confer such honours as it may deem appropriate; 122.11 Appoint annually a National List Committee of not fewer than 5 (five) and not more than 9 (nine) persons for the selection and adoption of eandidates for Parliament, (The NEC shall draw up regulations for the procedures to be followed in such a selection. The National List ‘Committee shat! report to the NEC prior to the implementation of its recommendations, Pro- vincial siructures for the adoption of candidates shall report to the National List Commitee); 122.12 Institute disciplinary proceedings against any member and temporarily suspend the member- ship of any members (2.2.13 Have the power to institute and defend legal proceedings on behalf of the Organisation; 122.14 Develop and adopt Rules and Regulations and Standing Orders for the due and efficient functioning of the Organisation and the achievement of its aims and objectives; 122.15 Appoint atleast 6 (six) but not more that 10 (ten) members from among its membership and! cr from other structures of the ANC, one of whom shall be designated as Chaizperson, (0 constitute the National Disciplinary Committee; 12.2.16 Appoint atleast 6 (six) but not more that 10 (ten) members from among its membership and/or from other structures of the ANC, one of whom shat! be designated as Chairperson, to constitute the National Disciplinary Committee of Appeal; 12.2.17 Appoint (four) members as Presenters, one of whom shall be designated as Chief National Presenter, i investigate, represent and present the case of the ANC, from time to time, in any NDC and NDCA hearing; 12.218 Have the power to appoint a National Cha nterfaith basis to provide spiritual guidance; iplaincy on a ANC Constitution | 012.2.19 Have the power, in appropriate circumstances, to delegate any ofits powers tothe NWC, the Officials or Secretary General; 12.2.20-Vake all steps necessary or warranted for the due fulfilment of the aims and objectives of the ‘ANC and the due performance ofits duties; and 12.2.21 The NEC m: 12.2.1. Convene a Policy Conference, as a tecommendation-making body on any matter of policy, whenever it deems it necessary, but the NEC shall convene a National Policy Conference at least 6 (six) months before the National Conference to re- view policies of the ANC and to recommend any new or to amend any present policy for consideration by the National Conference; and 12.2.21.2 Sign deployment contracts with public representatives and recall any public rep- resentative. Elections and composition of the NEC 12.3 The NBC, asa whole, shall not consist of fess than 50% (fifty per cent) of women. The NEC, except where otherwise stipulated, shall be elected by secret ballot by the National Conference and shall hold office for 5 (five) years and shall be constituted as follows: 12.3.1 The President, Deputy President, National Chairperson, the Secretary General, Deputy Sec retary General and the Treasurer General who shall be elected separately by the National Conferences 12.3.2 80 (cighty) additional members of the NEC; 12.3.3 The Chairperson and the Secretary of each elected ANC Provincial Executive Committee ‘who shall be ex-officio members of the NEC; 12.3.4 The President and Secretary General of the ANC Women’s League who shall be ex-officio members of the NEC} 12.3.5°The President and Secretary General of the ANC Youth League who shall be ex-ajficio mem- bers of the NEC; 12.3.6 The President and Secretary General of the ANC Veterans’ League who shall be ex-officio ‘members of the NEC; an 12.3.7 Not more than 5 (five) additional members that the NEC may co-opt at any time during its term of office in order to provide for a balanced representation that reftects the tue character of the South African people, 124 Should a vacaney occur on the NEC for any reason, the NEC shall have the power to appoint 2 replacement. 12.5°The quorum for meetings of the NEC shall be 50% (fifty per cent) plus 1 (one) ofits total member- ship. 12.6 A person must have been a member in good standing of the ANC for at least 10 (ten) years before she or he can be nominated for election to the NEC. 12.7 Nominations for the NEC members referred to in Rules 12.3.1 and 12.3.2 above, shall be by the following procedure: 12.7.1 Subject to sub-rule 12.7.1 1 below, nominations for the posts of: {The President; 2. Deputy President; 3. National Chairperson; 4, Secretary General; 5. Deputy Sceretary General; and 6. Treasurer General, shall be made by any Province and placed before the National Conference. 12.7.1. A delegate to the Conference shall, however, have the right to nominate any person ‘whose name has not been proposed in terms of Rule 12.7.1 above. In sue presiding officer shal call for seconders for the nomination. If such no Seconded by a minimum of 25% (Aventy five percent) of Conference delegates, then ‘such nomination shall be regarded as having becn duly seconded, in which event the 11 | ANC Constitutionname of such nominee shall be placed on the ballot paper. If the nomi core the support of a minimum of 254% (twenty five per cent) of conference delegates, such nomination sal fall away. 12.72. Nominations of candidates for election to the NEC, other than the above positions, shall be ceartied out in terms of the following procedure 12.7.2.4 Subject to Rule 12.7.2.2 below, only those candidates who have been proposed by a Province shall appear on the National Conference ballot paper. 12.72.2 Subject to Rule 12.7.2.3 below, a delegate to the Conference shall, however, have the right to nominate any person whose name has not been proposed in terms of Rule 12.7.1 above. In such event the presiding officer shall call for seconders for the nomination, If such nomination Is seconded by a show of hands by a rainimum of 25% (twenty five percent) of Conference delegates, then such nomination shall be regarded as having been duly seconded, in which event the name of such nomt- nee shall be placed on the ballot paper. I the nominee fails to secure the support of a minimum of 254% (twenty five percent) of delegates, such nomination shall fall away. 12.723 Not more than 2 (two) persons per Provinee may be successfully nominated in terms of Rule 12.7.2.2 above. 128 For purposes of the nomination procedures referred to in Rules 12.7.1 and (2.7.2 the ANC Veterans’ League, as a whole, the ANC Women’s League, as a whole and the ANC Youth League, as a whole, shall be regarded as a Province. 12.9 Voting shall take place by secret ballot. Each voting delegate shall vote once in each ballot. 12.10 In accordance with Rule 6, not less than 50% (ily per cent) of the directly elected ane! co-opted: members of the NEC shall be women 12.11 Subject to the provisions of this Constitution, the Secretary General, the Deputy Secretary General and the Treasurer General shall he full-time functionaries of the ANC. 12.12 "The NEC shall meetin plenary session at least once every three months and shall provide broad po- Stic and organisational perspectives tothe National Working Committee 12.13 ‘The NEC may invite any ANC member in good standing to altend its meetings. The number of invitees shall be limited by the NEC. An invitee may speak andl participate at such meeting but shall not vote. 12.14 A member who is clected or co-opted to the NBC must resign from any executive position he or she holds as an office bearer in any lower structure in the ANC. Rule 13 NATIONAL WORKING COMMITTEE. 13.1 As soon as possible after the conclusion of the National Conference, the NEC shall meet and elect a National Working Committee. 13.2°The National Working Committee shall be constituted as follows: L.The President; 2. Deputy President; 3, National Chairperson; 4. Secretary General; 5, Deputy Secretary General; and 6. the Treasurer General. 13,3 In addition, the NEC shall elect additional members to the NWC from among the directly elected members of the NEC. These shall not exceed one-quarter of the composition of the directly elected members. 134 The members of the NWC may not necessarily be full-time functionaties of the ANC. However, the EBC shall determine the extent to which the elected members shall be Full-time functionaries who may be allocated specific responsibilities. 13.5 The ANC Veterans’ League, the ANC Womer one representative each to serve on the NWC. 1366 In accordance with Rule 6, not less than 50% (fifty per cent) of the members of the NWC shall be women. League and the ANC Youth League siall appoint PL i ANC Constitution | 2B 13.7 The NWC may invite any ANC member in good standing (0 attend its meetings. The number of invitees shall he limited by the NWC. An invitee may be given a specific assignment by the NWC, bt may not speak on behalf of the NWC. An invitee may speak aid partiefpate at such meeting for the purpose for which he or she was invited but shall not vote. 13.8 The National Working Committee shall: 13.8.1 Carry out decisions and instructions of the NEC; 13.8.2 Conduet the current work of the ANC and ensue that Provinces, Regions, Branches and all ‘other ANC structures, such as patliamentary caucuses, carry out the decisions of the ANC; and 13.8.3 Submit a report to each NEC meeting. Rule 14 THE ELECTORAL COMMISSION 4.1 The NEC shall appoint an Electoral Com-mission of not fewer than 3 (three) members whose task it shall be: 14.1.1 To prepare the ballot papers; 14.1.2 To make proviston for ballot boxes or other means of secret voting; 14.1.3 To create machinery for the counting of ballot papers and the effective supervision of the. counting of votes; 14.1.4 To announce the results of all ballots and make known the number of votes received by each successful candidates and 14.1.5'To establish procedures for voting and to determine any dispute raised in regard to elections. and election procedures, and to determine how any tied vote should be resolved 14.2 The names of members of the Electoral Commission, whose work is to commence before the Conference opens, shall be submitted to the National Conference for endorsement and they shall hen be complemented by a representative appointed by each Provincial and League delegation Rule 15 THE NATIONAL FINANCE COMMITTEE 15.1 Phe NEC shall appoint the National Finance Committee, 15.2 The NEC shall determine the composition and powers of the National Finance Committee. 15.3 The National Finance Committee shall report to the NEC at least twice a year on the finances and budget of the ANC. Rule 16 DUTIES AND FUNCTIONS OF OFFICIALS ‘The powers and duties of the individual members of the Officials are as set out below. 6. The President “The President is the political head and chief directing officer of the ANC and the lender of the house au the National Conference or National General Council meetings. He or she shal 16.1.1 Make pronouncements for and on behalf of the NEC, outlining and explaining the potiey or atitude of the ANC on any question; 16.1.2. Present to the National Conferenice and National General Council a comprehensive state~ ment ofthe state ofthe nation and the politcal siuation generally; 16.1.3. Under the overall supervision of the NEC, orient and direct the activities ofthe ANC. 16.2 Deputy President “The Deputy President shall assist the President, deputise for him or her when necessary and carry out ‘whatever functions that are entrusted to im or her by the National Conference, the National General Council, the President, the NWC or the NEC. He or she shall be an ex-officio member of the NWC. 163 In the event of death or permanent incapacity of the President or the Deputy President, the NEC shall, as soon as possible, appoint an Acting President until such time as the National Conference ‘meets, Until such appointment is made, the provisions of Rule 16.7 shall apply. 164 The National Chairperson ‘The National Chairperson shall: 164.1 Remain the custodian of the policies adopted and decisions taken by the National Conference and National General Council and ensure that all ongans of the ANC implement decisions ANC Constitution