Cape Town - Former ANC councillor in the Nelson Mandela Bay Metro, Andile Lungisa, has scoffed at his suspension for the second time by the party’s National Disciplinary Committee of Appeals (NDCA).
Lungisa said the suspension was an attempt to stop him from contesting the treasurer-general position at the party’s national conference in December.
“My case was closed a year ago. You can’t after a year re-open the case. It is just a matter of pure factionalism; there is no other view to explain it,” Lungisa said.
In September 2021, the National Disciplinary Committee (NDC) overturned the suspension of Lungisa’s membership and upheld his appeal.
It ruled that the party’s Eastern Cape disciplinary committee had contravened the ANC’s constitution when it served him with charges outside the prescribed six-month period.
The NDC had also found that the provincial disciplinary committee was not properly constituted prior to preferring disciplinary charges against Lungisa and three others – Phendule Mbewu, Nolusapho Nikani and Tobeka Dumisa.
Lungisa was placed on 18 months’ suspension by the party following his conviction for assaulting a DA councillor during a Nelson Mandela Metro Municipality council meeting in 2016.
The Grahamstown High Court sentenced Lungisa in 2018 to three years in jail, of which one year was suspended.
He began his prison sentence immediately after the dismissal of his application by the Constitutional Court.
While in custody, the ANC Eastern Cape disciplinary committee found him guilty in absentia of contravening the party’s constitution and his membership was suspended for 18 months.
Lungisa subsequently appealed against his conviction on the grounds that the provincial disciplinary committee had not been properly constituted when it ruled against him.
However, the newly-reconstituted NDCA decided to review 10 disciplinary hearings from the Eastern Cape, including that of Lungisa, where respondents “walked away scot-free” without giving evidence.
This came after the province appealed against the findings of the then NDC to the then NDCA.
In its ruling the NDCA said it found that the charged members did not discharge the onus on a balance of probabilities to prove that a material procedural irregularity was committed in the disciplinary proceedings.
“The undisputed evidence in the more recent affidavit of the provincial secretary further proves and supports that the ECPDC (Eastern Cape Provincial Disciplinary Committee) was properly appointed and constituted in accordance with the constitution,” reads the ruling.
The NDCA set aside the findings of the NDC in all the cases involving 30 members and also upheld the province’s disciplinary findings.
The committee has now suspended Lungisa’s membership for two years with one year of such suspension being suspended for a period of five years on condition that he was not convicted of any act of misconduct and paid a R5 000 fine by October 30.
In an interview, Lungisa said the NDCA could not review its own decision because there was no such provision in the ANC’s constitution.
“As soon as I receive the ruling, I will take that matter to review. It will be defeated and I am not worried,” he said.
Lungisa said the initial ruling of the NDCA was reviewed because he was being lobbied to stand for the position of treasurer-general.
“The same thing happened towards the provincial conference in the Eastern Cape. I am not surprised. That does not worry me at all.”
Earlier this year, when he contested for the provincial-treasurer position, he was suspended only for the suspension to be lifted.
Lungisa, however, lost the contest for the position when his slate was defeated in the top five positions of the officials.
ANC spokesperson Pule Mabe declined to comment, saying Lungisa was a provincial leader and questions should be directed to the ANC in the Eastern Cape.
Provincial spokesperson Loyiso Magqashela and provincial secretary Loyiso Ngcukayitobi could not be reached for comment.
Cape Times