By Thys Khiba
Delareyville – Speaking at Delareyville, suspended former ANC provincial chairperson and North West premier, Supra Mahumapelo has called on the African National Congress to postpone the application of its ‘step aside’ resolution until the upcoming national conference.
“My own view is that parts of that resolution which are in conflict with the law must be suspended until we go to the next national conference,” said Supra Mahumapelo.
Mahumapelo believes that aspects of resolution are unlawful and the ANC would lose if it were to be challenged in court.
During his briefing, he advised the branches to write to the national executive committee (NEC) to indicate that some aspects of the resolution are in conflict with the law. Mahumapelo says in order for his political organisation to address those aspects, they would have to wait for the December 2022 national conference of the ANC.
While, addressing the branches of the ANC in Delareyville indicated that the last word in the ANC should come from the branches. Mahumapelo says there is no national executive committee without the branches of the ANC, that he declares as the roots of the ANC.
He believes that the remedy for the ANC problems is not the NEC, but it is the national conference. “Then there will be peace in the NEC,” said Mahumapelo.
“We are not saying people must not step aside, we are just saying the process must be neat.”
According to Mahumapelo, the resolution by his organisation doesn’t explain ‘who is an accused’ and it does not say ‘when a member is reported where as’ members could be reported to a police station, public protector, Hawks, Special Investigating Unit, Luthuli House, the party’s integrity commission or to an ANC branch chairperson.
“When we force you to step aside but you don’t do so voluntarily and we push you into the DC (disciplinary committee), we are flouting the constitution of the republic because the constitution says you are innocent until proven guilty. It means if we remove you from your position by force we are flouting the constitution of the country and the ANC can’t do that.”
According to Mahumapelo, if any member of their organisation can go to court and challenge the legality of the decisions of the NEC on the rights that must accrue to citizens, that member will win in court against the ANC. This is because Mahumapelo believes that their organisation’s decision is flouting some aspects of the laws of the republic.
Meanwhile, Mahumapelo says that the ANC should have consulted with legal representatives in the country after taking a decision to adopt the resolutions of the Nasrec conference, in order to be in line with the laws of the republic.
“It’s quite clear that was not done. If it was done, the law experts would have told us some parts of the resolutions are in conflict with the law of the republic,” said Mahumapelo.
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