ANC treasurer-general Paul Mashatile is working against the clock to formulate the appeal processes over the party’s step-aside resolution.
As expected, several criminally charged ANC members, including secretary-general Ace Magashule, who were affected by the party’s resolution would not vacate their positions voluntarily and will seek to head down the appeal route.
At the same time, the ANC’s national working committee, the structure in charge of the party’s day-to-day affairs, met on Monday to discuss the step aside saga.
Magashule faces several corruption charges relating to a multimillion-rand asbestos eradication tender and is expected to step down from his position.
It is understood, however, that Magashule will not go down without a fight, which will force the party to suspend him. It is then expected that he will seek to appeal that decision.
ANC officials have asked me to look at tightening up the process of appeal, including timelines.
— ANC treasurer-general Paul Mashatile
However, the guidelines formulated around step aside did not spell out the appeals process, which Mashatile is now rushing to complete ahead of the national executive committee (NEC) meeting this weekend.
At this meeting, the national officials, along with members of the national working committee, will present a list of those who have stepped aside and those who have refused to do so.
“ANC officials have asked me to look at tightening up the process of appeal, including timelines,” Mashatile said.
“It’s not in the current guidelines. The current guidelines just say if you appeal, you appeal to the NEC and the NEC can then appoint a panel to hear you. So they want us to make it tighter, including timelines on how many days are you allowed to appeal.”
According to Mashatile, he will also be seeking legal advice on whether the affected member remains on suspension while appealing.
“We need to define that if you appeal, whether you can keep your position or not. The likelihood is that people will wish to keep their positions but the NEC must agree to that, so we will be finalising that soon,” Mashatile said.
Mashatile, along with the top six officials and the NWC, will meet this week to go through reports from provinces on how they have dealt with members who have been criminally charged.
“The NEC would like to get reports how many cases were being processed. So officials of the ANC and NWC will deal with those matters first, and then once the NEC meets we’ll give them reports on what have we done about these cases.
“In some provinces, reports have come in where comrades have already stepped aside and in some instances comrades have been suspended,” he explained.
According to Mashatile, in the case of Magashule, he was expected to give the top six a report detailing how his consultations with past ANC leaders went, as well as inform them of his decision.
“I’m sure that after the 30 days the secretary-general will come and give us a report on what his position is. We will then take matters from there,” Mashatile said.
He said the 30-day grace period, which expired on Friday, did not automatically close the door on those who had to step aside, as they would still be given time to state their cases. This, he said, would be done to not be seen to be pushing people out.
“So we’re saying come 30 days, we will then ask what the verdict of the integrity commission is. If the integrity commission says they must step down, they either accept or appeal, so we look at it in that context.
“So the 30 days is not the end of the road. In a sense, it’s the beginning of the road. When we say let’s now process all these cases, everybody has had enough time either to appeal or to appear before the integrity commission,” he said.
LISTEN | What now for Ace Magashule?
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