AFRICAN NATIONAL CONGRESS GAUTENG PROVINCE de. Mpulelele Vabaza Cde. Sasabona Manganye Branch Secretary Z Branch Chairperson Cell-No: 083 974 2027 sen Cell-No: 072 684 7360 Email: canyetrading@gmail.com Gs Email: sasabonam@gmail.com Greater pect Region SEFAKO MAKGATHO BRANCH ‘TO: The Office of the Secretary General Cde. Gwede Mantashe ‘Sefako Makgatho Branch Statement on the State Capture and Constitutional Court Ruling 05 April 2016 The ANC Sefako Makgatho Branch in the Greater Joburg Region under the Inner-City Zone 12 welcomes a call made by the top 6 and the extended NWC of the ANC to branches to reflect on the implications of the Constitutional Court judgement on Nkandla saga. On the 4" April 2016, the branch instead of having 2 political school class after election meeting which takes place every Monday as part of implementing the resolution on a Decade of a Cadre, decided to have a general meeting to discuss the State Capture, NEC vs. Cabinet composition and Constitutional Court Judgement. The general meeting mandated the BEC led by the Branch Chairperson and Branch Secretary to raise this ‘matter with your Office and further to engage other organisational structures on the branch position, On the State Capture ‘The branch noted and welcomed the NEC decision to call upon all those who have evidence on the state capture to present such to the Office of the SG. The branch encourages all those who have evidence of this nature to do so as requested by the NEC without fear or favour as the branch take this matter on a serious light given that the manner in which this matter have presented itself suggest that the ANC is no longer the centre of power as reaffirmed in the 52"¢ National Conference in Polokwane however business people in particular the White Monopoly capital with the inclusion of the Guptas but not in isolation. The branch believes that this matter of state capture cannot be divorced from the culture of buying members and delegates towards conferences. We believe that the leaders who are captured, are Captured even before they ascend to the leadership position and they do so with assistance by those who captures them and when they are such positions of responsibility, they are expected to show ‘their allegiance not only to the ANC and people of South Africa but also to their funders who are their capturers, The branch further raised its concerns about the fact that the President's family members are part/shareholders of the Guptas family businesses whom are doing business with the state and its Institutions whilst their father is the State President which in our view it presents a conflict of interest. It is our view that public servants and officials together with their families shouldn’t do business with tthe state or its institutions where they are employed as that presents unfair advantage and a conflict of interest which constitution their business dealing unethical. This is the angle we wishes the NEC should consider as we view it as an immoral and unethical conduct. Page 1 of 3NEC vs. Cabinet Composition The branch have noted that itis very difficult to differentiate the cabinet from the NEC given that majority of NEC members are Ministers and Deputy Ministers. The branch believes that this structural arrangement makes it very difficult for the Executive to be held accountable both through the NEC and also through Parliament which makes it impossible for Parliament to hold the executive in particular the President accountable and the Constitutional Court judgement on Nkandla is a typical example. For the ANC to remain the centre of power not just its President, this will need to be urgently addressed, The branch recommend the following: As part of cost containment, the President to review the composition of the cabinet from 75 Ministers and Deputy Ministers to less than 40 (36). This is informed by the fact that there are many Ministries which can be combined address strategic issues in a centralised manner. + To avoid cabinet being constituted by more than one third of the NEC to guarantees the independence of the NEC in holding its deployees to the State Institutions accountable. + To ensures that all deployments matters are centralised to the Office of the Secretary General through the NEC deployment subcommittee. This includes the deployment of Ministers and Deputy Ministers to avoid having the President of the ANC being the one who makes such a call alone. Remember the centre of Power is the ANC so the President ‘of the Republic as deployed by the ANC, should act according to the decisions of the ANC not his own, The above recommendations will enable the NEC to implement the 53" National Conference which requires us to rigorously monitor and evaluate the performance of cadres deployed and elected to leadership positions. This will further assist as conference resolved as a measure to prevent abuse of power or office for private gain or factional interests. Constitutional Court Judgement on Nkandla ‘The branch have noted the Constitutional Court judgement on Nkandla saga which exposed our deficiencies as an organisation which uphold the high-moral standards in society which has 2 responsibility to safeguard its own values. It have exposed the organisation which played a leading role and drafting and approving the new Constitution of the Republic of South Africa of which its Deputy President played a critical role and crafting this supreme document. ‘The branch wishes to remind the NEC that the 53 National Conference have noted 2 gradual erosion of the core values of the ANC which threatens its continuing existence in the second centenary. The conference have unanimously agreed on safeguarding and promoting the core values of the ANC as ‘one of the key tasks of the second phase of the transition. For this reason, the conference resolved to set up an Integrity Commissions to ensures that the protection of the image of the organisation and enhance its standing in society by ensuring that urgent actions are taken to with public officials, leaders and members of the ANC who face damaging allegations of improper conduct. The Constitutional Court judgement have clearly confirmed that the President have failed to uphold, defend, and protect the Constitution which he made an oath to uphold, defend and protect. This judgement if interpreted in consideration of the 53" Conference resolution, it suggests that if the President doesn’t voluntarily recuse himself from the leadership of the ANC and therefore that of the Republic of South Africa, he should then appear before the National Integrity Commission as his actions are compromising the core values of the ANC and putting the name and image of the ANC into disrepute. Irrespective of the calls made by opposition parties for the President to step down, the ANC should rise above the occasion and do what is right given its own principle and historic background of Upholding the high moral standards in society. Failure for the ANC to act against the President violation of the Constitution, will imply that the ANC will lose its moral standing in society and also the integrity of its own internal disciplinary processes will be compromised as this will imply that not all members are equal before the law. Page 2 of 3We therefore call for the NEC to do the following: Option 1: ‘+ To request the President to resign as both the ANC President and the President of the RSA. The Deputy President to act as President until the next conference Option 2. * Failure for the President to resign, the President be subjected either to the Integrity Commission or the National Disciplinary Committee. As all these processes unfold, the President should be temporarily suspended so that he doesn’t unduly influences the disciplinary proceedings. Option 3: ‘+ ASpecial National Conference be convened to discuss and resolve on this matter. We hope and believe that you will find this in order, HS de. Mpulelelé Vabaza Branch Chairperson Branch Secretary Page 3 of 3