DOCUMENTS

ANC NEC reaffirms support for Zondo Commission

Meeting also says IC must stop apartheid Israel from expanding its illegal occupation of Palestinian lands and property

Statement on the outcomes of the special ANC National Executive Committee

11 May 2021

The ANC National Executive Committee held a special meeting on a virtual platform on 8-10 May 2021.

The meeting discussed the implementation of resolutions on organisational renewal, preparations for the local government elections, progress towards regional and provincial conferences, and amendments to Section 25 of the Constitution.

The meeting also discussed the ANC's longstanding commitment to restore credibility and regain the trust of the South African population. In particular, the meeting addressed developments pertaining to the implementation of the "step aside" resolution and the reports of the Integrity Commission.

IMPLEMENTATION OF PRIORITIES FOR 2021

The opening day of the NEC meeting coincided with the 25. anniversary of the adoption of our democratic Constitution by the

Constitutional Assembly.

The meeting recalled that the values and objectives enshrined in the Constitution find their genesis in the African Claims, Freedom Charter and other seminal texts of our movement. The ANC therefore has a historical responsibility to respect, uphold and advance our country's Constitution. Members of the ANC are expected to live according to the values of social justice,

respect for humanity, equality, selfless service and adherence to the rule of law.

The NEC reaffirmed the ANC's commitment to advance the objectives of the Constitution to build a united, non-racial, non-sexist, democratic and prosperous South Africa.

The NEC therefore reiterated the foremost priorities of the organisation for 2021:

Firstly, to act together with all South Africans to defeat the COVID-19 pandemic.

Secondly, to place our economy on a path of renewal and recovery.

Thirdly, to forge ahead with the fundamental renewal of the ANC in line with its core mandate and values.

Fourthly, to strengthen developmental and participatory local government, and achieve a decisive win the upcoming local government elections.

Fifthly, to build a better Africa and a better world.

DEFEATING COVID-19

The NEC applauded the continued dedication by those on the frontline in the fight against COVID-19, and welcomed the leadership provided by the President and government. It commended South Africans for their continued adherence to prevention measures, and in taking responsibility for their own health and the health of others.

The meeting noted worrying signs of escalating infections in some areas, and the need for society to remain vigilant to prevent a devastating third wave of infections.

The meeting welcomed the report on the second phase of the Alliance's COVID-19 campaign. This campaign encourages adherence to the public health protocols, especially wearing masks, social distancing and hand hygiene; and we call on all adults in South Africa to participate in the mass vaccination campaign that will begin during May 2021.

The NEC reaffirmed positions adopted at previous meetings and by the Alliance that South Africa needs to seek vaccines and treatment from all available sources, including BRICS partners such as Russia and China, that this should be undertaken in conformity with our country's laws and regulations.

It welcomed the initiative by South Africa and India to fight for a TRIPS waiver at the World Trade Organisation so that there is equitable access to COVID vaccines. It noted that this proposal is now supported by the World Health Organisation, the African Union and more than 100 countries, including the United States.

We will continue engaging other countries that are still reluctant to offer their support to a vaccine patents waiver. The NEC also appreciated the role being played by President Ramaphosa in his capacity as AU Champion on COVID-19 to continue promoting a pan-African approach to fighting the pandemic, including access for the continent to sufficient vaccines and capacity to produce its own medical equipment, medicines and vaccines.

The NEC also pledged its support to its BRICS partners, India and Brazil, as they battle the pandemic, and was encouraged by government's efforts to offer assistance to these countries.

ACCELERATING TRANSFORMATION AND BUILDING A CAPABLE STATE

On land reform and redistribution

As part of its commitment to tackle the historical injustice of land dispossession, the NEC had a discussion on the process of amending Section 25 to explicitly make provision for the expropriation of land without compensation.

This is informed by the direction of our National Conference that land reform must take place in a manner that strengthens the agricultural sector, improves economic growth and significantly tackles inequality, poverty and unemployment. The NEC received and deliberated on a report by the study group of the Ad Hoc committee and the legal resource team on amendment of section 25 of the Constitution.

Essentially the rationale for the amendment is to facilitate the expropriation of land without compensation by making explicit that which is implicit in the constitution. The report takes on board the ANC's 540 National Conference resolution of 2017 on national land reform, jurisprudence on constitutional property and other relevant documents on land reform as well as the 180 Constitutional Amendment Bill currently before parliament. The NEC is considering the report.

The NEC welcomed the progress that has been made in the Parliamentary process and urged government to bolster resources and capacity to effect land reform and restitution at a faster pace.

Local Government

The meeting reaffirmed that local government remains a key sphere of government, and in the context of the District Development Model, we must continue to strengthen its capacity to meet its obligations to communities, to deliver basic services, to ensure popular participation, and to drive local economic development.

The development of this capacity should also enable empowerment of cooperatives and SMMEs, the empowerment of women and youth, and the promotion of skills development.

Given the critical role of this sphere, the ANC has revised and adopted guidelines for the selection of candidates, which allows for the best candidates to emerge as local government candidates with the support of local communities. The NEC stressed that all ANC members and structures must indeed ensure that as we prepare for BGMs and community meetings to elect such candidates, we are deliberate in selecting candidates with the necessary capacities, experience and skills, who are the embodiment of hard work, service to the people and ethical conduct. The NEC also stressed the importance of the principles of continuity, gender equality and the representation of young people in local government structures.

UNITY, RENEWAL AND THE STATE OF THE ANC

The Special NEC meeting discussed in detail the state and cohesion of the organisation. It noted with deep concern the continued factional divisions and divisive public pronouncements, which give the impression of an organisation in crisis. Fundamental to these challenges is the critical process of implementing the mandate of the 540 National Conference to build unity of principle and unity in action, combined with the task of ensuring organisational and societal renewal. Contrary to impressions created in some public discourse, the work of the organisation is continuing; and the meeting welcomed the reports of the Organising and Elections sub-committees in this regard.

Since the last NEC meeting, over 2,000 Branch general meetings have been held, and regional conferences have started. Local structures and regions are also continuing the campaigns against COVID-19, as well as other organisational programmes and campaigning for by-elections.

The NEC recommitted itself to the mandate of the 54. National Conference to restore the unity, renewal and integrity of the ANC, despite the very difficult and complex challenges of the current period.

In the spirit of criticism and self-criticism, the NEC reflected on its modus operandi and the conduct of NEC members. Members agreed to adhere to organisational protocols and practices, including collective leadership, the promotion of unity and renewal, and strict adherence to the ANC's communications protocol.

The NEC agreed to hold a retreat as soon as conditions permit to address varying perspectives among the leadership and develop a practical action plan to strengthen the process of unity and renewal of the movement, premised on core values of the ANC and the mandate derived from the 540 National Conference.

The NEC expressed concern about a concerted and well-resourced campaign to sow division and confusion in the ANC, with the ultimate aim to destroy the movement as an instrument for progressive transformation and change. It noted that this campaign is actively aided by a few individuals from within the NEC, through leaks from NEC and other organisational forums, deviant public pronouncements, protests and misinformation on social media. The NEC agreed to take urgent steps to investigate the leaks from the NEC and any organised campaign to subvert the movement, and to take appropriate action.

Implementation of step-aside guidelines and procedures

The NEC received a report from the National Working Committee (NWC) on the implementation of the resolution that all ANC members indicted for corruption and other serious crimes should step aside or be temporarily suspended pending the finalisation of their cases.

The NEC noted that, in line with the decisions of the NEC meeting of 26-29 March 2021, a number of ANC members had stepped aside and others had been served with notices of suspension, including ANC Secretary General Ace Magashule and NEC member Bongani Bongo.

The meeting adopted terms and conditions for elected office bearers and public representatives who have stepped aside or temporarily suspended. These include that during the step-aside period, such an individual may not:

-  carry out the duties and responsibilities of their office;

- represent the organisation publicly or in any other forum;

- make public pronouncements on matters related to the organisation;

-  engage in the mobilisation of ANC structures, any other organisations or individuals;

During the step-aside period a public representative may not occupy any executive office or other position of responsibility in the legislative body of Caucus to which they belong.

During the step-aside period, they will be entitled to remuneration and other benefits as per their conditions of service. The decision to step aside must be reviewed by the relevant structure of the organisation every six months. The NEC confirmed that in the light of the temporary suspension of the Secretary General, that Deputy Secretary General Jessie Duarte shall, in accordance with clause 16.9 of the ANC Constitution, "carry out the functions entrusted to the Secretary General by the National Conference, the National Council, the NEC or the NWC..."

The NEC condemned the unwarranted attacks on the Deputy Secretary General and ANC staff members at Luthuli House ­taking the forms of threats, insults, unfounded allegations and misinformation — for carrying out decisions of the NEC, NWC and Officials. The NEC noted with great concern death threats made against the ANC NEC Coordinator Cde Andries Nel, and agreed that this be reported to the relevant authorities.

The NEC reaffirms its full confidence in the Deputy Secretary General, and supports her in carrying out her duties as per the ANC Constitution.

The NEC discussed the so-called 'letter of suspension' written by the Secretary General to President Ramaphosa, for which the Secretary General had no authority or mandate from any structure of the movement. 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 to apologise publicly 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.

Commission of Inquiry into State Capture

The NEC commended President Ramaphosa and the delegation who represented the ANC at the Commission of Inquiry into State Capture. The ANC reaffirms its support for the work of the Commission and its role in determining the nature and extent of state capture, and of holding those responsible to account.

While the ANC has come under great scrutiny at the Commission, the NEC believes that this is a necessary part of the national effort to end state capture in all its forms and ensure that it can never happen again.

Update on BBGMs, Regional and Provincial Conferences

The NEC appreciates the work by ANC structures to convene Branch Biennial General Meetings (BBGMs), where new branch leadership is elected. Over 2,000 of these meetings have been held, and the process is ongoing.

This is the first time that the majority of BBGMs are held on the basis of the new membership system, which went live in 2020. While there have been some user and technical glitches, the system has helped to protect the integrity of the movement's key organisational processes. The NEC also noted that Northern Cape, Mpumalanga, North West and Western Cape are due to hold their Provincial Conferences, and that the processes of concluding BBGMs and Branch General Meetings (BGMs) are therefore urgent for them to meet the deadline of end May 2021.

The NEC decided that all ANC branches who held successful BBGMs, should immediately proceed to hold BGMs to select appropriate candidates for local government, guided by the List Guidelines and the Elections Committee.

Local Government Elections Campaign

The NEC welcomed the announcement by the President that local government elections will be held on 27 October 2021. It welcomed the tireless work being done by our local government elections teams at all levels on by-elections and preparations for the forthcoming election campaign. The NEC welcomed the advances in some by-elections, where the ANC won wards from the opposition. It also recognised that there were areas where the ANC lost some ground.

The meeting further noted that the analysis of all by-elections held since the 2019 elections raised serious warning signs for the ANC, in relation to perceptions of and support from the population. We are fully conscious of the fact that citizens and communities expect decisive action to renew the organisation and, critically, to address the service delivery challenges afflicting many localities. The ANC will continue to correct these weaknesses, and to develop mechanisms that are as fail-safe as possible to prevent the current failures from carrying over into the future. This relates both to policy content, implementation mechanisms (such as the District Development Model) and the selection of appropriate community leaders and activists as candidates in the ANC's list.

National General Council

The NEC noted the countrywide discussions on the National General Council (NGC) discussion documents, and urged that these be consolidated at branch levels, so that the contributions can be processed for submission to national structures. The NEC mandated the Secretary General's Office to prepare a comprehensive report to the NEC, with proposals regarding the nature, form and timing of the NGC, taking into account the limitations imposed by the COVID-19 pandemic, the local government elections campaign, and the need to hold a National Policy Conference before the next National Conference in December 2022.

Free State

In light of the Ramakatsa vs ANC judgement, the NEC agreed that priority must be given to pursuing a political solution that will build a united and vibrant ANC in the Free State.

It agreed that the efforts being led by Comrade Kgalema Motlanthe to achieve a political solution be intensified. To avoid a political vacuum in the province, the NEC mandated the NWC to establish an inclusive interim structure to take the province to an elective conference in due course.

Integrity Commission Reports

The NEC adopted a number of reports from the Integrity Commission and recommendations as presented and further noted where appeals have been lodged. The NEC urged NWC and the Officials to ensure speedy processing of the appeals.

ANCYL National Youth Task Team

The NEC welcomed the report that the newly appointed National Youth Task Team (NYTT) has started its work towards building a vibrant ANC Youth League that champions the interests of young people and as a preparatory school for new cadres of the ANC.

It further noted processes to strengthen the Progressive Youth Alliance in dealing with matters affecting young people, including financing of higher education.

The NEC Noted work in progress to ensure that all NYTT members meet the age requirements of the ANC Youth League Constitution, which is that those who participate in the structure should be below 35 years of age.

The terms of reference communicated to the NYTT by the SGO were also reaffirmed. The verification process underway will be finalised by the Officials in order to ensure that the work of the NYTT is not hindered by questions of legitimacy. All NEC members and other leaders were urged to support a vibrant and active League.

Task Team on Mpumalanga Violence

The NEC noted and adopted the report of the National Dispute Resolution Committee led by the Deputy Secretary General into the violence at BBGMs that broke out in the Ehlanzeni region in Mpumalanga, Nkomazi subregion wards 4 and 32. The NEC noted the progress made by the task team led by cde Zweli Mkhize to further look into these and previous incidents of violence. It authorised the NEC deployees to the province to refer matters of serious misconduct to the National Disciplinary Committee, and to ensure cooperation with law enforcement agencies with respect to criminal matters.

The NEC agreed that, except for the Nkomazi subregion, branches should resume BBGMs and BGMs in May 2021, so as to do away with parallel structures and branches.

North West

The NEC expressed concern regarding the ongoing instability in the North West and the impact that this is having on organisation, governance and service delivery. It reiterated the decision of the NEC meeting of 26-29 March 2021 that the Interim Provincial Committee (IPC) must continue to discharge the mandate given to it by the NEC in accordance with the powers that it has in terms of the ANC Constitution.

The NEC therefore instructed National Officials and the NWC to finalise recommendations taking into account the reports of the North West IPC and the NEC deployees to the North West. A special NWC or NEC meeting will be held to take decisions on matters affecting the North West.

Unity of MK veterans

As we approach the 60. anniversary of the founding of the people's army Umkhonto we Sizwe, the NEC is deeply concerned at the slow progress in convening a unified conference of its veterans.

The NEC urged Officials and NWC to establish an inclusive committee to start preparations for an appropriate celebrations of the 60. anniversary of Umkhonto we Sizwe in December 2021.

The NEC supports the Deputy President and the Deputy Secretary General in the processes they lead to unite former MK combatants, and call on the MK Military Veterans Association and MK Council to cooperate so that this objective of unity of MK veterans as per 54. Conference resolution is realised.

Engagement with ANC Structures on NEC decisions

The NEC agreed to resume the practice, within the framework of Covid 19 regulations, of briefing ANC structures on its decisions, and will organise urgent meetings after this NEC to give effect to this.

Addressing patriarchy and misogyny

The ANC Women's League has raised the existence of gender-based discrimination and misogyny in our structures on several occasions. In a patriarchal and chauvinistic society such as ours it is quite possible that patriarchal attitudes may have crept into our movement. We need to give further consideration to this matter so we ensure all female comrades enjoy full participation in organisational life.

Support for the rights of LGBTQI persons

The ANC reiterates our complete support for the rights of LGBTQl+ persons and condemns the apparent rise of incidents of hate crimes against this community. No-one has the right to discriminate against or attack anyone based on their sexual orientation or gender identity.

Alliance

The NEC welcomed the report on the Alliance Political Council held since the last NEC meeting. It noted work in progress on the matter of non-trading holidays by the Department of Home Affairs and urged Officials to continue engagements with the Alliance on the issue of the public sector wage negotiations and preparations for an economic summit.

BUILDING A BETTER AFRICA AND WORLD

Mozambique

The NEC supports the initiatives by SADC to assist Mozambique to resolve the conflict in the province of Cabo Delgado and further encourages party to party engagement between the ANC and Frelimo. Sinn Fein

The NEC welcomed the process to strengthen the bonds between the ANC and Sinn Fein and further pledges to deepen communication, sharing and exchanging expertise on various issues.

Cuba

The NEC resolutely reiterates its solidarity with Cuba and in line with our 54th National Conference Resolutions, reaffirms its demand for an immediate end to the blockade and the wanton aggression against Cuba.

The NEC calls for further strengthening of bilateral relations between our countries.

Palestine

The ANC reaffirms our support for the people of Palestine in their struggle for freedom and self-determination. We repeat our condemnation, in the strongest possible terms, of the unlawful evictions of Palestinians from their homes in Sheikh al Jarrah and the brutal attacks on Palestinian protestors at Al Aqsa Mosque and the Dome of the Rock.

We reiterate that the expansion of settlements by Israel has already been condemned by the United Nations and urge the International Community to rise to the occasion and stop apartheid Israel from expanding its illegal occupation of Palestinian lands and property.

Western Sahara

The NEC reaffirms our commitment to strengthen and intensify South Africa's support for the Saharawi people in their quest for self-determination and calls on the global Progressive Movement within the Continent and the International Community to accelerate its efforts in this regard.

The NEC meeting was closed by President Cyril Ramaphosa, who said:

"We must remember that the trust and support of the South African people should never been taken for granted. For as long as we are divided as a leadership, for as long we fail to act against corruption, and unless we put the needs of our people first, we will struggle to restore the credibility of the ANC.

"The people of South Africa are looking to this leadership to provide direction, to decisively respond to the challenges in our country, and to accelerate the radical economic and social transformation of our society.

"This NEC meeting has provided a firm foundation for the work that we have to do. Our task now is to build on the progress we have made, and fulfil the expectations that our people have."

Issued by Pule Mabe, National Spokesperson, 11 May 2021