ANC’s inconsistency on step aside rule denotes incompetence

Ongoing debate about whether ANC figures should step aside when embroiled in criminal cases is an indictment of the governing party at every level.

What were Mpumalanga provincial conference delegates thinking when they voted over the weekend to elect murder suspect Mandla Msibi as treasurer?

And what about the politicians and structures who lobbied for him? Did they imagine that what they were doing was good for the party?

Are they so ill-informed and misguided? After all, the step-aside rule has been big news for more than a year.

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It was in the headlines long before its most famous casualty, ANC secretary-general Ace Magashule, lost a high court challenge in July 2021.

In August, Msibi was removed as Mpumalanga MEC for agriculture after a shooting incident where the two people killed and one wounded were ANC members.

Still, voting delegates on Saturday decided that Msibi, out on R20,000 bail for murder and attempted murder, was their best choice.

There’s also been dithering over convicted liar, ANC Women’s League president Bathabile Dlamini. Of course, she should step aside.

No question. Some commentators confuse the step aside rule 25.70 of the ANC constitution, with the clauses in the South African constitution, about how criminal sentencing affects public office bearers.

These are two different rules for two different bodies.

According to 47 (1) (e) of the SA constitution, MPs lose their jobs if they are “convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine”.

The “option of a fine” provision doesn’t exist in the ANC rule on stepping aside.

Instead it refers to: “Where a public representative, office bearer or member has been indicted to appear in a court of law on any charge…”

READ MORE: Mashatile lashes out at ‘disruptors’ of ANC Mpumalanga conference

Charged versus convicted. Got it?

On Monday, Msibi was reported as claiming he had not been charged.

Ja well. Dlamini should have stepped aside when charged.

Yet she stayed on as women’s league president and member of the party’s national executive committee.

Obviously, anyone convicted of perjury is not fit to hold high office.

The fact that the ANC and its women’s league still have to ponder this shows their skewed grasp of morality.

They are also deaf to the public sentiment towards this former minister after her callous disregard for millions who depend on social grants.

In KwaZulu-Natal, former eThekwini mayor Zandile Gumede has not stepped aside as MPL, despite being charged with corruption.

READ MORE: ANC asks murder-accused Mandla Msibi to ‘step aside voluntarily’

And ANC Newcastle mayor Ntuthuko Mahlaba did not step aside last year when charged with assault.

There are a few examples of people who have stepped aside. The inconsistency denotes unfairness and incompetence – ANC traits.

The myth of a glorious movement occupying the moral high ground while engaged in selfless struggle is jaded.

People lie, cheat, and steal. Murder is not uncommon during internal political contestation.

Google “ANC councillor shot dead”, for a staggering list.

Indicted in the court of public opinion, the ANC will not step aside voluntarily. It will continue arguing.

Sentence may be delayed until the electorate delivers its verdict in 2024. But the ANC has already lost its appeal.

Toil and trouble in ANC factions