Gauteng Premier David Makhura is sitting with a problem following the exoneration of former MEC of Health Dr Bandile Masuku of any wrongdoing in Covid-19 corruption.
Masuku and presidential spokesperson Khusela Diko were this week cleared of any wrongdoing by the ANC’s national disciplinary committee (NDC).
The two were suspended from participating in any party-related activities in October, pending the disciplinary processes. Masuku was fired by Makhura to bring stability in the department, following a report by the Special Investigating Unit (SIU) into personal protective equipment (PPE) tender irregularities.
At the time, Makhura said that should Masuku be cleared of any wrongdoing, he would reinstate him.
However, he later appointed Dr Nomathemba Mokgethi as the MEC after Jacob Mamabolo acted briefly.
Sources within the party have told Independent Media that Makhura was caught between a rock and a hard place.
“He made a pronouncement that he will reinstate him if he is cleared. That has happened. If he doesn’t reinstate him, it will prove that the removal was nothing more than a factional battle,” said the source speaking on condition of anonymity.
Makhura is facing a tough time in trying to balance and appease the two factions in the province. The sources said every move would be scrutinised.
“Makhura now has to tread carefully to ensure that both factions will be happy and campaign for the party as we head into the local government elections.”
The pair was found to have brought the party into disrepute and suspended from all party-related activities by the Gauteng provincial disciplinary committee (PDC). The NDC watered down the PDC ruling and further instructed the Gauteng provincial executive committee (PEC), including Masuku and Diko, to be subjected to a workshop to learn the organisation’s policy positions.
The NDC decision comes a month after the North Gauteng High Court in Pretoria dismissed Masuku’s attempt to review the SIU report, which found that he had centralised the PPE procurement process for nefarious reasons.
Diko, on the other hand, has been on a leave of absence as President Cyril Ramaphosa’s spokesperson since July last year. As a result, it was not clear whether she would immediately return.
The sources said organisational processes had been exhausted, and ANC in Gauteng had no further step to take beyond the NDC, unless they petition the national executive committee (NEC), which may appear far-fetched based on jurisdiction and precedence.
The NDC decision has thrust to the forefront allegations of conflict of interest in the disciplinary process which was doing the rounds. Insiders said there were concerns of conflict of interest on the part of the ANC provincial secretary Jacob Khawe, who is the ex-husband of Diko, yet led the investigation against his ex-wife.
Last month, Diko hit back at Khawe and accused him of dishonesty and trying to destroy her political career. She accused Khawe of undermining internal ANC processes to serve “nefarious political ends”.
“With the NDC dismissing the findings of the PDC, it appears to confirm the possible irrationality and bias of those who led the investigation. The NDC has now instructed the PEC to attend a workshop on ‘conflict of interest’ and of greater interest is the leading role of Khusela’s ex-husband in a matter involving Khusela: a classical case of conflict interest,” said the source.
While the 23-page report exonerates the pair, it has raised questions regarding members’ understanding of their organisation’s constitution and rules. The report said the PDC’s admission rendered the hearing that found them guilty a nullity.
“There is no causal connection between the conduct of comrades Bandile and Khusela and the value system and ethical framework of the ANC to support the conclusion that the two comrades acted in an unethical manner, consequently, were guilty of contravening Rule 15.17.4 of the ANC constitution,” the report read.
In the absence of finding the pair had engaged in unethical conduct, which is a foundational requirement to support a charge in terms of Rule 25.17.4, it means that the guilty finding of bringing the ANC into disrepute in terms of Rule 25.17.5 was flawed.
Diko and Masuku have been vocal over the findings of the PDC and criticised the decision to remove them from party activities. Masuku went a step further and challenged the SIU report that was relied upon to dismiss him in court.
The NDC found that in both matters, the Gauteng PDC misdirected itself in a material respect.
“For the reasons given above, the appeal of Cde Bandile Masuku is upheld. For the reasons above, the review application of Cde Khusela succeeds, and the Gauteng PDC decision is reviewed and set aside. As a general rule, the sanctions imposed on paragraphs 78.2 and 78.3 would fall away, and both comrades would be eligible to resume their positions as members of the Gauteng PEC,” read the report.
While the pair rejoice in being cleared, political analyst Dr Ralph Mathekga said the NDC ruling was a fundamental shift.
“The circus continues in the ANC. This is quite a fundamental shift – that Khusela Diko and Bandile Masuku were found guilty by the PDC, and now the NDC has found that they’re not guilty of putting the ANC into disrepute. One never knows with these things. “The criteria of the ANC looking into this whole debacle is not quite open to the general public. We don’t even know if the criteria are being followed and so forth. So this shift leaves more questions than answers,” he said.
Mathekga added that members of the ANC who would be rightfully found guilty would have a leg to stand on by approaching courts because of these inconsistencies.
“These are things that happen in the ANC, where they are cleared among themselves within whatever standard is being used by the party.
“I’m more inclined to take the decision of the probe by the SIU more seriously, which is a state institution that functions within the law, than ANCs internal processes, which members abide by when they feel like it,” he added.
Another analyst, Metjie Makgoba said there was no link between the two decisions that the different structures of the party have taken.
“The provincial integrity commission said they brought the party’s name into disrepute and then the second report (the NDC report) said they were cleared of corruption. So there’s no link between the two. It shows the ANC is fractured because if they’re working together, there should be some sort of corroboration in terms of what they’re doing,” said Makgoba.