DEM

DEMOCRATIC ALLIANCE EASTERN CAPE

Provincial Head Office
Greenacres Office Park, Block 3
84 2nd Avenue, Newton Park
Tel: +27 41 450 9500
www.da.org.za
P.O. Box 12170, Gqeberha, 6001

MPL BENNET MZWENQABA BHANGA

11 HAYDN ROAD
WALMER HEIGHTS
PORT ELIZABETH
VIA EMAIL AND SHERIFF
27 JUNE 2023

Dear MPL BHANGA

RE: SUSPENSION FROM ANY AND ALL PARTY DUTIES

My letter headed “Intention to suspend from all party activities of the DA”, dated 26 JUNE 2023, and which
requested you to provide reasons as to why you should not be suspended, refers as does your response dated 27
JUNE 2023.

As such I wish to respond to your response in full:

AD PARAGRAPH 1:

Your receipt of my letter is noted.

AD PARAGRAPH 2:

The receipt of your Notice of Intention to suspend was done following due process including service via Sheriff as
you failed to acknowledge receipt of the emailed document. Further to same all media statements made stated
that the PEC had unanimously resolved to issue you with a Notice of Intention to Suspend you, not that you were
suspended. As you will be aware our processes do not allow for the summary suspension of a member.

Having regard to the above your concern about a decision being made without affording you the opportunity to
present your version is misguided. The Notice of Intention to suspend categorically allows you a period of 24 hours
within which to make representations as to why you should not be suspended, a right you have now utilised by
way of your letter of response. As such not only has the process been aligned to the rules and procedures of the
DA but also that of natural justice in accordance with the principle of Audi alteram partem.

Your further assertion that both the Provincial Leader and myself as well as the PEC have taken any partisan or
subjective views on the matter are rejected and again I remind you that the due diligence will be done through any
possible investigations by the Federal Legal Commission (FLC) should the Federal Tagging Committee (FTC) find
 DEM
DEMOCRATIC ALLIANCE EASTERN CAPE
Provincial Head Office
Greenacres Office Park, Block 3
84 2nd Avenue, Newton Park
Tel: +27 41 450 9500
www.da.org.za
P.O. Box 12170, Gqeberha, 6001

the complaint warrants further investigation. Our duty as a PEC was limited to making a decision on whether to
issue you with the Notice of Intention to suspend and allowing your representations thereon, as has been effected.

With regards to further allegations of misconduct being investigated I cannot make any comment as the PEC is
neither aware of nor tasked with the investigation of the matter.

Your assertion that due to your comments not being directed at the Party but rather at an individual and as such
that you deny bringing the Party’s name into disrepute and/or contravened either the Federal and/or Provincial
Constitution is again a matter not for our determination. The PEC’s task was to ensure we make an informed
decision on Prima Facie matters brought to our attention on whether your suspension is warranted and we were
guided by the following guiding documents of the Party.

Section 10.8 of the Federal Constitution provides:

10.8.5 No provision of the Constitution limits the right of the Federal Executive or a Provincial Executive:

10.8.5.1 to temporarily suspend a member from taking part in any or all of the activities of the Party,
pending the outcome of a disciplinary hearing in terms of this chapter;

PART B OF THE RULES OF THE FEDERAL LEGAL COMMISSION:

Any member, including a public representative, may be suspended from any or all party activities of the Party by
the Federal Executive and/or the relevant Provincial Executive Committee and/or the relevant Caucus and/or
Caucus Executive (in respect of all or any Caucus activities):

pending an investigation into allegations of misconduct against the member; and/or

pending the institution and/or finalisation of a disciplinary hearing in instances where a member or a public
representative’s continued participation in party political and or caucus activity may cause embarrassment or
possible prejudice to the Party and/or impact negatively on the image of the Party and/or bring the good name of
the Party into disrepute

Where the member’s continued involvement in party activities may unduly influence or unfairly prejudice any
internal processes or procedures, including, but not limited to internal elections, selection panels and electoral
colleges, mediation and disciplinary procedures or in any way negatively impact any such process or procedure.
 DEM
DEMOCRATIC ALLIANCE EASTERN CAPE
Provincial Head Office
Greenacres Office Park, Block 3
84 2nd Avenue, Newton Park
Tel: +27 41 450 9500
www.da.org.za
P.O. Box 12170, Gqeberha, 6001

The PEC found, based on your conduct on social media and your comments in the mainstream media, that your
continued participation in party political activities may cause embarrassment or possible prejudice to the Party
and/or impact negatively on the image of the Party and/or bring the good name of the Party into disrepute. As
such, on consideration by the PEC it was found unanimously that these grounds are satisfied and justified the
issue of a Notice of Intention to suspend.

Further to same you have by your very own admission admitted to causing damage to the party in a Whatsapp
message sent to the Provincial Leader on Sunday which I quote below:

“I’m sorry for what have done to you and the party, I accept the suspension “

The PEC has considered your argument that you have not caused damage to the party and found it to be without
merit. The PEC has further noted that you have failed to address the following provision which stands for
determination by the FLC not the PEC:

2.5.4.6 acts in any manner whatsoever that is unreasonable and detrimental to internal co-operation within the
Party;

AD PARAGRAPHS 3 - 6

I wish to reiterate that the PEC has rejected your assertions of bias or victimisation. You will however be afforded
the opportunity to place your case on the record during the investigation by the FLC should the FTC find an
investigation to be warranted.

It must further be noted that the Provincial Leader has made several statements reiterating the fact that you have
at no stage provided any evidence to support your claims and that if this were to change the party would need to
reconsider its position, however you have still failed to provide any evidence substantiating your claims even in
your response to your intended suspension.

With regards to the suspension of Ms Zille this forum does not have the authority to suspend her however should
you feel aggrieved by her actions and/or statements you stand free to lodge a complaint against her with the FTC
as does any member of this party in order to determine whether she has committed any acts of misconduct and
whether she should be investigated by the FLC.
 DEM
DEMOCRATIC ALLIANCE EASTERN CAPE
Provincial Head Office
Greenacres Office Park, Block 3
84 2nd Avenue, Newton Park
Tel: +27 41 450 9500
www.da.org.za
P.O. Box 12170, Gqeberha, 6001

AD PARAGRAPHS 7-9:

In my response above I have clearly set out the valid and fair reasons for the decision made by the PEC as well
as the provisions of the Constitution which states that your suspension is temporary, suspending you from taking
part in any or all of the activities of the Party, pending the institution and/or finalisation of an investigation and/or a
disciplinary hearing.

CONCLUSION:

Having considered your response to the Notice of Intention to suspend and having reviewed the prima facie
information available to the PEC, you are accordingly herewith informed that the PEC has taken a decision to
suspend you from any or all party political activities of the Democratic Alliance with immediate effect, pending the
institution and/or finalisation of an investigation and/or a disciplinary hearing.

Kindly note that this suspension does not affect your participation in and duties as a member of the Eastern Cape
Provincial Legislature.

You are also alerted to the following conditions of your suspension that you are:

(i) Prohibited from speaking on behalf of the Party or professing to speak on behalf of the Party, nor may
he/she express an opinion or view in his/her personal capacity that deviates from Party policies and
he/she may not vote other than in accordance with the decisions and/or instructions of his/her Caucus;

(ii) Prohibited from expressing any public opinion on any disciplinary or mediation proceedings in which
they may be involved;

(iii) Not prohibited from taking up his/her seat in the relevant council or legislature and from taking part in
the normal proceedings of that council or legislature, subject to the discipline of the Party.

During your suspension, the duty will at all times be on you to ascertain how to vote in accordance with the relevant
caucus decision prior to plenaries and sittings of the Legislature.

Yours faithfully
SIGNED ELECTRONICALLY
Morne G Steyn
Provincial Disciplinary Chairperson
c. 083 298 8182 | morne@sblaw.co.za