ANC PEC expected to tackle party issues at upcoming conference

Published Dec 4, 2020

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AS the year comes to an end, the ANC will hold its three-day national executive committee (NEC) meeting starting on Sunday, the party's national spokesperson Pule Mabe said on Friday.

He said the NEC was expected to discuss issues affecting the organisation.

The NEC meeting takes place as debates swirl on the step aside rule.

There are already legal opinions in relation to the NEC's decision that was previously taken in connection with leaders holding public office, who are facing serious charges.

One of these relate to one provided by Phosa Loots Incorporated Attorneys and the other from advocate Mashudu Tshivhase.

In his legal advice, Tshivhase said that the ANC NEC should consider getting the views of those individual members and/or branches which nominated and elected any implicated leader.

He also said the democratic process was an inclusive process – rights which individuals hold cannot be easily ignored, irrespective of the circumstances.

But, Matthew Phosa of the Phosa Loots Incorporated Attorneys said the suspension of any member would be unlawful if the suspension was not an intrinsic part of a disciplinary process under the ANC constitution.

"None of the resolutions, statements and policy postures have the legal effect of creating a sui generis stand-alone process for suspending a member under the circumstances currently being experienced," Phosa said.

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