Johannesburg – The ANC has decided to institute disciplinary charges against suspended member, and Umkhonto We Sizwe Military Veterans Association (MKMVA) spokesperson Carl Niehaus again.
Independent Media has seen charge sheet where the ANC is a complainant and Niehaus is the charged member.
According to the charge sheet, the ANC is informing Niehaus “When you voluntarily joined and was accepted as a member of the ANC, a voluntary political organisation, you made a solemn declaration, inter alia, to abide by the aims and objectives of the ANC, other duly adopted policy positions, respect the organisation and structures, work as a loyal member of the organisation, defend the unity and integrity of the organisation and combat any tendency towards disruption and factionalism as set out in Rule 4.16 of the ANC Constitution;.
“That in terms of Rule 5 of the ANC Constitution you had the duty, inter alia, to take all necessary steps to understand and carry out the aims, policies and programmes of the ANC, combat propaganda detrimental to the interest of the ANC and defend the policies aims and programme of the ANC.
“Rule 25.2 of the Constitution of the ANC places an obligation on all members, including you, to familiarise yourself with the contents of the Constitution, Standing Orders, Rules, Regulations, Resolutions and policies adopted or made in terms of this Constitution,” read the charge sheet.
In July this year, Niehaus was suspended by the ANC.
Then, a letter from ANC deputy secretary-general Jessie Duarte said Niehaus’s utterances at Nkandla in protest against the arrest of former president Jacob Zuma, brought the party into disrepute and, therefore, the party decided to suspend his membership.
Duarte said the NEC had resolved that such conduct contravened Rule 25.17 of the ANC constitution.
Last month the ANC fired Niehaus for misconduct. The party said it would only engage Niehaus in the presence of his lawyers.
On Thursday, Niehaus and his former colleague MacDonald Mathabe sent a letter of demand to the party officials to pay their outstanding salaries.
The letter of demand from Mabuza Attorneys, representing the duo, was sent earlier on Thursday and addressed to Duarte.
The ANC, however, did not respond to the letter.
The party said Niehaus is charged with having committed six counts of being guilty of contravening Rules 25.17.5.
“Your conduct also constitutes a failure, refusal or neglect to comply with an ANC resolution in contravention of Rule 25.17.3 of the ANC Constitution,” said the ANC.
The ANC said Niehaus is required to attend a disciplinary hearing to be conducted by the NDC on November 21 and 22, via a virtual platform.
“You have the right to be represented by a member of the ANC in good standing and who has been a member in good standing for a minimum period of three months before the date of commencement of the disciplinary hearing. You may call witnesses to make your defence and in mitigation of sanction and to produce supporting documents and to cross examine witnesses called by the ANC for the prosecution of the charges.
“The disciplinary proceedings will be a one-stage inquiry and you will also be required to lead evidence in mitigation of sanction if you so desire,” said the ANC.
Speaking to IOL after receiving the charge sheet, Niehaus said he was not happy.
“I find the sequence of events that now lead to these charges being served today quiet outrageous. There are no coincidences in life, and certainly not in politics. After the ANC failed to charge me within the required 30 days, after I was temporarily suspended, I am now suddenly today charged for comments that I made at the Nkandla Residence of president Jacob Zuma some time ago over the weekend of July 2 to 4.
“After my temporary suspension lapsed, because no charges were brought against me, a member of the legal team that represent me was approached by an NEC member of the ANC, asking that I should drop the criminal charges that I have laid against the National Office Bearers and the ANC, as reciprocation for my membership having been reinstated. I responded that I find that outrageous. I will not be bought off, and bribed. I have laid those criminal charges because I believe serious crimes have been committed by senior leaders and managers of the ANC. This is mafia-like behaviour, trying to buy me off.” Niehaus said.