DOCUMENTS

Ace Magashule's letter of suspension from the ANC

Jessie Duarte |
05 May 2021
Jessie Duarte says SG may not carry out his duties, represent the organisation, or speak publicly on it

IMPLEMENTATION OF THE ANC NEC DECISION ON STEP-ASIDE

The ANC National Working Committee (NWC) met on Monday, 3 May 2021 to receive reports and deliberate on a number of organisational developments.

At its conclusion, the NWC directed the Secretary General's Office (SGO) to begin a process of notifying comrades who have not voluntarily stepped aside of their status in the organization in accordance with rule 25.70 of the ANC constitution.

The SGO has accordingly begun with the work of corresponding with individual comrades and structures impacted upon by the decision. The SGO will therefore use the occasion of the NEC meeting scheduled for the 8th - 10th of May 2021 to provide the necessary update on the task at hand.

Statement issued by the ANC, 5 May 2021

***

Text of Ace Magashule’s letter of suspension:

AFRICAN NATIONAL CONGRESS

SECRETARY GENERAL'S OFFICE

Chief Albert Luthuli House 54 Sauer Street Johannesburg 2001 PO Box 61884 Marshalltown 2107 RSA

Cde ES Magashule Secretary General

African National Congress

Dear Comrade Magashule,

IMPLEMENTATION OF NATIONAL CONFERENCE RESOLUTIONS AND NEC DECISIONS REGARDING MEMBERS CHARGED WITH CORRUPTION AND OTHER SERIOUS CRIMES / SUSPENSION IN TERMS OF RULE 25.70 OF THE ANC CONSTITUTION

The meeting of the National Working Committee (NWC) held on 3 May 2021, acting in terms of Rule 13.8 of the ANC Constitution, 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, which provides that:

"Where a public representative, office-bearer or member has been indicted to 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."

We attach hereto, for ease of reference, the Guidelines and Procedures adopted by the NEC on 13 — 14 February 2021 as Attachment A.

The NWC also received a report from the National Officials, through a team led by the Treasurer General, on proposed Terms and Conditions regulating the participation and conduct of members during the period that they step aside voluntarily. The proposed Terms and Conditions are attached as Attachment B.

The NWC resolved that the decision of the last NEC, as outlined above, 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.

President: C Ramaphosa Deputy President: D.D. Mabuza National Chairperson: G Mantashe Secretary General: E.S. Magashule Deputy Secretary General: J Duarte, Treasurer-General: P. Mashatile

The NWC instructed that the necessary letters must be written to the affected members implementing this decision, and outlining the terms and conditions regulating their participation and conduct during their temporary suspension.

You have been indicted to appear in a court of law on charges of corruption and fraud, alternatively theft and money laundering.

On 3 May 2021, the NWC, acting in terms of Rule 25.70 read with Rule 13.8, instructed that letters be written to all affected members, including yourself, to inform them that it has decided that their temporary suspension would be in the best interest of the Organisation.

Accordingly, on the authority of the NWC, you are hereby temporarily suspended with effect from 3 May 2021 until the final outcome of your court proceedings.

In terms of Rule 25.70 the following terms and conditions are imposed to regulate your participation and conduct during your temporary suspension:

During the period that you are temporarily suspended you:

1) May not carry out the duties and responsibilities of your office as Secretary General;

2) May not represent the organisation publicly or in any other forum.

3) May not make public pronouncements on matters related to the organisation.

4) May not engage in the mobilisation of ANC structures, any other organisations or individuals, including on your stepping aside and matters related thereto.

During the period that you, as a full-time office bearer employed by the organisation, are temporarily suspended, you will be entitled to remuneration and other benefits in line with your conditions of employment.

You are required to update the Office of the Secretary General on a monthly basis regarding progress with your case. The decision to temporarily suspend you will be reviewed by the NEC every six months, or from time to time at your request.

Yours Comradely,

Signed

Jesie Duarte

DEPUTY SECRETARY GENERAL AFRICAN NATIONAL CONGRESS 

Date: 3 May 2021

 

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