Phala Phala report: What and who the ANC’s step aside rule applies to

Calls have been mounting for President Cyril Ramaphosa to step down amid damning findings against him by an independent panel looking into the Phala Phala saga.

The panel, headed by retired chief justice Sandile Ngcobo, found Ramaphosa may have committed a serious violation of the law and serious misconduct in terms of the constitution. Ramaphosa has maintained his innocence

Several politicians and political parties have reacted to the findings, with many, including ANC presidential hopeful Nkosazana Dlamini-Zuma, calling for Ramaphosa to “step aside”.

What is the step aside rule?

The rule is an internal policy of the ANC. At its 2017 conference, the party resolved that members facing allegations of corruption and crime must step aside.

Ramaphosa announced last year leaders charged with corruption and wrongdoing must voluntarily step aside within 30 days or risk being suspended.

LISTEN | Phala phala report and its significance

When was it implemented?

The implementation of the resolution was held in abeyance pending the adoption of guidelines for implementation. 

After the adoption of the guidelines, the ANC national executive committee (NEC), at its special meeting in March 2021, resolved to implement it. 

The guidelines were stepping aside after indictment on criminal charges, temporary suspension after indictment, temporary suspension pending ANC disciplinary processes after indictment and dealing with allegations of corruption or serious crime.

When is the rule applied?

“You step aside when you are indicted to appear in a court of law and have been charged with serious crimes. As matters stand, President Cyril Ramaphosa has not been charged with any crime,” ANC spokesperson Pule Mabe told SABC News

“Simply going to a police station and opening a case does not mean people are charged. Investigations must be undertaken and the police must be convinced there are prospects of success. So those who say the president must step aside ... the president of the ANC is not criminally charged,” he added.

What is prohibited when stepping aside?

Earlier this year, the NEC announced it had expanded the step aside policy to regulate the participation of affected members in the party's internal elections.

Members who had been asked to step aside should not be allowed to stand for election to party leadership positions and must decline nominations.

Any member who has been suspended after an indictment to appear in court on any charge should also not be allowed to stand for leadership positions. 

“The NEC recognised that the implementation of the 'step aside' resolution constitutes an important and groundbreaking element in the renewal and rebuilding of the organisation. 

“As such, it will be subject to ongoing improvement and refinement, guided by practice, policy and the provisions of the ANC constitution. Accordingly, the NEC mandated the national officials to investigate and make proposals regarding further amendments required for the effective implementation of the resolution.”

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