KwaZulu-Natal ANC has no jurisdiction to charge me on misconduct‚ says Makhosi Khoza

The ANC’s outspoken MP Makhosi Khoza says the ruling party in KwaZulu-Natal has no jurisdiction to charge her as the alleged misconduct actually happened on a national platform.

In a Facebook post put out on Tuesday‚ Khoza reiterated her commitment to fight against corruption and remained vocal about the problems facing the country.

“I'll keep on fighting the rot in our country. We are all tired of these bullies who do not even understand the very instrument they are using to charge me‚ the ANC constitution. I also noticed that they have established a new ANC KZN disciplinary proceedings g-mail account.

“This battle is not mine. It is not personal. It is about saving our beautiful country from corruption and lawlessness. It is about truth to power. Africa deserves better. That is why I refuse to fight it secretly.

I invite women of courage to support me. There is a growing tendency to victimise women because they assume we are weak and easily intimidated. They have definitely entered the wrong movie.”

Khoza was charged by the ANC in KwaZulu-Natal for misconduct over her persistent public comments where she called for President Jacob Zuma to step down.

She wrote to KwaZulu-Natal MEC of Human Settlement and chief provincial presenter (in disciplinary proceedings) Ravi Pillay about the charges which have been laid against her by the ANC in the province.

She first brings to Pillay’s attention that disciplinary proceedings are normally conducted at the level where the violation took place‚ whether branch‚ region‚ province or national.

Likewise‚ the venue for the hearing would normally be within the jurisdiction of the disciplinary committee concerned‚ she said.

She further explained that the concerned secretary would then direct for safety or convenience where the disciplinary proceeding would take place.

“It is common cause that all the Facebook postings in issue were written outside the jurisdiction of KZN province. If the contents of the said postings are believed to constitute either a violation or misconduct‚ it follows that the alleged violation or misconduct took place outside the jurisdiction of the KZN province.

“In the premises‚ the Provincial Disciplinary Committee (PDC) of the ANC in my beloved province has no requisite jurisdiction to preside over this matter.

Equally‚ the chief provincial presenter has no requisite authority to institute disciplinary proceedings against me with respect to the Facebook postings because neither the alleged violation nor misconduct took place within the area of his jurisdiction‚” she said.

On Mandela‚ Khoza was in Johannesburg where she participated in a public discussion in honour and protection of the legacy of Madiba.

It was on this day that she “repeated a plea publicly made on countless occasions by the veterans of the ANC‚ alliance partners (SACP‚ Cosatu and Sanco) and other current National Executive Committee members that President JG Zuma must for the sake of the ANC and the country tender his resignation as president of the republic‚” Khoza stated.

“If what I advocated during Mandela Day constitutes either a violation or misconduct‚ I submit that the alleged violation or misconduct did not take place within the jurisdiction of KZN province. In the circumstances‚ neither the PDC has competent jurisdiction to hear the matter nor the chief provincial presenter has competent authority to institute disciplinary proceedings against me.

“In the light of the impugned lack of jurisdiction‚ it stands to reason that only the National Disciplinary Committee (NDC) has competent jurisdiction to preside over the matter and the National Presenter has authority to proffer charges against me in this regard‚ if any.”

She then requested a copy of the provincial executive committee where it was resolved that she be charged and the attendance register of the said meeting.