Text of the letter from Jessie Duarte, African National Congress, Secretary General’s Office, to Carl Niehaus, 7 July 2021
7 July 2021
Dear comrade Carl
NOTICE OF INTENTION TO INSTITUTE DISCIPLINARY ACTION AGAINST YOU AND TEMPORARILY SUSPEND YOUR MEMBERSHIP WITH IMMEDIATE EFFECT
The National Executive Committee (NEC) has noted with concern your inflammatory speeches made outside the home of former President Jacob Zuma at Nkandla, KwaZulu Natal Province over the weekend of 2 to 4 July 2021 and which were broadcast live on national television and has come to the conclusion that such utterances brought the ANC into disrepute. Moreover, you were clad in a T-shirt bearing the ANC logo when you appeared on television.
The NEC has resolved that such conduct was in contravention of Rule 25.17 of the ANC Constitution, in particular rules 25.17.4; 25.17.5; 25.17.7 and 25.1710, and warranted disciplinary action,
In terms of the powers vested in it in accordance with Rule 25.9 of the ANC Constitution, the NEC has decided to institute disciplinary action against you within 30 days. Such disciplinary hearing will be adjudicated by the National Disciplinary Committee of the ANC. The Chief National Presenter, comrade Uriel Abrahamse, will be formulating and serving a charge sheet on you in due course setting out details of the charges and your rights as a member.
The NEC has also decided to temporarily suspend your membership in accordance with Rule 25.56 of the ANC Constitution pending the institution of disciplinary proceedings.
The NEC has a reasonable apprehension that you will likely continue with your acts of misconduct and cause further damage to the good name and reputation of the ANC thereby bringing the organisation into more disrepute.
Consequently, in the current volatile political situation in the country, aided and abetted by your incendiary speeches, the NEC has come to the conclusion that exceptional circumstances exist which justify that your temporary suspension come into operation with immediate effect (from the date of receipt of this letter) in accordance with Rule 25.60 of the ANC Constitution and that the seriousness of your transgressions and misconduct justifies not affording you 48 hours to respond to the allegations of misconduct set out in paragraph 1 above.
You are advised that in terms of Rule 25.68 of the ANC Constitution you may apply to the National Disciplinary Committee of Appeal to set aside the temporary suspension.
Yours in the Struggle
DEPUTY SECRETARY GENERAL