ANC SUSPENSION OF TOP LIMPOPO OFFICIAL NDC APPEAL FINDING IN THE CASE OF SABULONE MPHOFELA, REGIONAL TASK TEAM CO-ORDINATOR, PETER MOKABA REGION, LIMPOPO PROVINCE
After due consideration of the appeal of comrade Sabulone Mphofela, who had been found guilty on two counts of misconduct by the Regional Disciplinary Committee of the Peter Mokaba Region, the NDC reduced his 10 year suspension to 18 months and directed that he vacate his position as the Co-ordinator of the Regional Task Team of the Peter Mokaba Region of the Limpopo Province and as a councillor of the Lepelle Nkumpi Municipality.
In February last year comrade Mphofela was found guilty by the Regional Disciplinary Committee (RDC) on two counts of misconduct and was suspended for 10 years (5 of which was further suspended, subject to certain conditions).
He was found guilty for taking the ANC to court without exhausting internal processes, and for assaulting another female member who was deployed to his branch, of which he was the chairperson, to facilitate the Biennial General Meeting.
On appeal the NDC found that a member, after exhausting all internal processes, would, in limited circumstances, have the right to take a decision of the ANC or its structures (which decision affects him or her personally) on review to a court of law if the ANC or such structure acted irrationally in arriving at a decision, or if a final decision was taken before a member could exercise his or her right of appeal and review in terms of the ANC Constitution.
The NDC set aside the decision of the RDC, which found comrad Mphofela guilty solely on the grounds that a member cannot take the ANC to court under any circumstances. The NDC found that, in the circumstances of this case, comrade Mphofela was justified in taking his case to a court of law.
The NDC confirmed the decision of the RDC on the second charge, that comrade Mphofela was guilty of assaulting a member at a meeting of the ANC.
In determining an appropriate sanction, the NDC stated that the ANC is very dependent on members who volunteer their time and expertise to achieve the aims and objectives of the organisation. Every member, especially female members, should feel safe when
executing duties on behalf of the ANC. If the safety of any member is compromised, the ANC has a duty to act.
In the view of the NDC, the reputation of the ANC is judged by the behaviour of its leaders. Comrade Mphofela, as a leader in the organisation, was expected to uphold the values of the ANC, and be exemplary in his conduct.
The full text of the NDC Finding will be made available on the ANC website.
Statement issued by Derek Hanekom, Chairperson, African National Congress National Disciplinary Committee, January 26 2014
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