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Former MEC Cwaile finds ANC charges irrelevant

by Thys Khiba
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The former MEC for Cogta and current member of the provincial legislature (MPL), Mmoloki Cwaile

By Thys Khiba – The former MEC for Cogta and current member of the provincial legislature (MPL), Mmoloki Cwaile has accused the African National Congress (ANC) in the North West of charging him based on false information and inaccurate interpretation of events.

This comes after the PEC decided to expel Cwaile and other seven officials and councillors of the ANC on Monday last week.

Cwaile and other expelled officials have appealed their case with the national disciplinary committee (NDRC).

The notice of intent to either review or appeal the findings, verdict and sanctions of the NW ANC PEC PDC has been registered with the Office of the NEC ANC PEC Provincial Secretary, The Office of the ANC NEC Secretary General for the attention of the NEC National Disciplinary Appeal Committee (ANC, NDAC),” read the statement.

Expelled officials have accused the ANC provincial executive committee (PEC) of trying to silence those who differ with them.

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Cwaile is the chairperson of the portfolio committee on public works and transport in the province.

“The ANC PEC could not present in the charges themselves incidents alleged to have occurred at the stadium during registrations for purpose of charges 3 and 4.

“The ANC PEC did not even attempt to lead any evidence nor present witness (es) in support of the charges 3 &  4. Therefore the charges are irrelevant and hold no legal standing and should have not been preferred and were erroneous, false and could be shaped by rumours,” read the statement.

The ANC indicated that Cwaile has been expelled from the party for 10 years and is removed from representing the ANC in the Provincial Legislature. He was accused of participating in the provincial conference as a voting delegate when he was supposed to be there.

Cwaile is charged for contravening Rule 25.17.1 of the party constitution as amended and adopted at the 54th ANC national conference, in that he has acted in breach of membership oath. He was charged with four counts of misconduct emanating from the provincial conference in August.

“His action prejudiced the integrity or repute of the organisation, its personnel, or its operational capacity. On or about 12th – 13thAugust 2022, Cwaile pretended to be a voting delegate as provided for in Rule 17.2.2, Rule 17.2.2.1 and Rule 17.2.2.2. In terms of Rule 17.2.2.3 prejudiced the integrity or repute of the organisation, its personnel, or its operational capacity,” ANC provincial secretary Louis Diremelo said.

Cwaile was accused of attending the provincial conference when he was not supposed to be.

However, Cwaile indicated that he arrived at the venue of the conference as non-voting delegate ‘as he was serving as a member of the conference’s draft subcommittee and was accredited as non-voting delegate.’

Meanwhile, his legal representative indicated in the normal course of a hearing, disciplinary or otherwise, even where a default judgement was sought, it remained the duty of the evidence leader to present his/her case by calling witnesses to testify.

A default judgement was issued and received by our client on or about 8 May 2023 with the verdict that our client is guilty of all the charges.

“We noticed that 95% of the judgement is merely rhetorical in that it refers to general matters reflected in the ANC’s constitution that has no bearing of substance on the charges as preferred against our client,” read the lawyer’s letter.

Meanwhile, the outcome of disciplinary proceedings involved, Lesego Motlapele, Gontse Kock, Tshepo Khwenanyane, Mittah Chelechele, Tumisho Tlhole, Mmoloki Cwaile, Bafana Nebe, and Stephen Moreki.

ANC

The party has charged the Mamusa Local Municipality leaders, Motlapele, Kock, Khwenanyane, Chelechele and Tlhole with misconduct.

The Mamusa municipality councillors were found guilty of misconduct for defying the PEC’s instruction to elect councillor John Batsi as the Speaker at the municipality after they argued that he did not met the requirements.

“We bring it to your attention that Cadre Batsi does not meet even a single requirement in the guidelines. We draw your attention to page eight of the candidates’ profile report by the interim regional committee (IRC) and interim provincial committee (IPC) that was used for shortlisting candidates, and which identifies Batsi to have Grade 12 and a diploma+

The candidates’ profile report stands as an indisputable piece of evidence of a collusion to mislead the NEC in arriving at the decision to appoint him as the Speaker,” read their submission.

However, Diremelo said common purpose doctrine was applied by the Provincial Disciplinary Committee.

“The charges are pending from contravention of Rule 25.17.12, which deals with the undermining of respect for, or impeding the functioning of, any structure or committee of the ANC. The contravention of Rule 25.17.17 which deals with prejudicing of the integrity or repute of the organisation, it’s personnel, or its operational capacity by Rule 25.17.17.1: Impeding the activity of the organisation.

“Rule 25.17.17.2 deals with creating division within the ranks or membership; and Rule 25.17.17.4 deals with acting on behalf of, or in collaboration with, counter-revolutionary forces, a political organisation or party other than an organisation or party in alliance with the ANC in a manner contrary to the aims, policies, and objectives of the ANC,” said Diremelo.

Diremelo indicated that the expelled were also charged for the contravention of Rule 25.17.20, Rule 25.17.21 and were expelled from the ANC permanently.

The group wrote to the party secretary general, Fikile Mbalula, telling him about their case and their intention to appeal.

“This letter serves to put the offices of the ANC secretary-general and North West PEC secretary on notice of our intention to appeal against both verdict and sanction preferred against us by te provincial disciplinary committee to the higher organisational structure, the ANC NEC and national disciplinary appeal committee within the 21 days provided for by the ANC constitution,” the group said.

 

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