THE ANC’s National Executive Committee (NEC) is likely to face a court challenge should it disband its KwaZulu-Natal and Gauteng structures through “reconfiguration” that might not be in line with the party’s constitution.
This warning came from angry ANC leaders of various regions in KwaZulu-Natal, who spoke out as the NEC was expected to soon announce its decision to remedy the situation that led to its loss of support in the two provinces during the May elections.
It was expected that the announcement would be made this week.
A source close to the KwaZulu-Natal Executive Committee (PEC) said the NEC has already started identifying comrades who would be deployed to lead in the provinces.
One of the leaders, who is a member of the Harry Gwala Regional Executive Committee, said his region was concerned about the NEC talking about reconfiguration, which he described as a polite way of saying disbandment.
“(ANC secretary-general Fikile) Mbalula speaks about reconfiguration, which makes this sound polite. In fact, they are going to apply clause 12.2.4 of the ANC constitution, which gives the NEC powers to dissolve or suspend its lower structure,” he said.
The court challenge might come on the basis that the provincial leaders want the NEC, including President Cyril Ramaphosa and Mbalula, to also take the blame for the drop of the party’s votes to 40%.
“Any action taken against the PECs should be extended to the NEC.
“If they don’t follow the constitution and instead reconfigure by deploying NEC members to take over the province, the PEC would approach the court as no one wants to lose a position.
“Siboniso Duma (provincial chairperson) and Bheki Mtolo (provincial secretary) won’t agree to be recalled and we are going to win in court because the constitution is on our side as they were elected constitutionally,” said the leader.
Mbalula has banned other leaders from talking publicly about the matter.
KwaZulu-Natal ANC spokesperson Mafika Mndebele declined to comment.
The ANC constitution does not mention reconfiguration, but its rule 12.2.4 talks about the dissolution and suspension of PECs, regions, and branches.
Another leader said the “reconfiguration” would also apply to regional structures.
Another leader from the Harry Gwala region said it was a concern that Mtolo, who is from the region, might be recalled.
“We are not happy with what might be announced because we are going to lose a lot if Bheki Mtolo loses the position.
“Since Bheki Mtolo comes from our region, I could easily contact him any time if our region has challenges that need political intervention, and he would be quick to act because we have his sympathy.
“If we have housing problems, we phone Mtolo to talk to Duma (Transport and Human Settlements MEC) and we get a quick response. Through Mtolo, we have a political hegemony,” said the leader.
A senior ANC leader in the Moses Mabhida region, KwaZulu-Natal Midlands, said the NEC should not absolve itself from blame on the election results.
“Many NEC members, including Ramaphosa, come to KZN to campaign. Therefore, the national cannot excused,” he said.
The leader described the mood at Pixley Ka Isaka House, ANC provincial office, as sombre as PEC members were “confused as everyone is confused” because the national leaders had previously assured them that there would be no dissolution due to the election outcome.
“Paul Mashatile (deputy president) gave that assurance when he visited Ward 2 to campaign for a by-election late last year,” he said.
However, when Mashatile gave the assurance, the matter was yet to be discussed at the PEC level.
The leader blamed the NEC for delaying firing its former president Jacob Zuma, who created confusion among ANC voters.
“Zuma should have been fired soon after announcing that he would vote for the MKP so that the society knows that Zuma is no longer the ANC because if people knew that Zuma was no longer the ANC, they would have not voted for the MKP.
“Since they now know that he is no longer in the ANC, the MKP is struggling in by-elections due to the fading impact of his campaigning narrative,” he said.
University of KwaZulu-Natal political analyst Sandile Hadebe said taking the NEC to court might stand legal test.
“They should have dissolved the structures immediately after the elections and they are now opting for reconfiguration because they see the danger,” he said.
Hadebe said the NEC would be shooting itself in the foot if it dissolves the structure ahead of next year’s local government elections.
“Reconfiguration is no different from dissolving because people would removed from positions, but PEC members might still be included in the interim structure that would be led by two or three people deployed by the NEC.
“You will find that the PEC members will remain in the new structure, but on top of the PEC, there would be a person like Nkosazana Dlamini Zuma as the convenor and Mike Mabuyakhulu as the coordinator.
“But I don’t see the current PEC leaders keeping their positions,” he said.
Hadebe said keeping the current PEC members in the interim structure might be good for preventing mass exodus to the Umkhonto weSizwe Party (MKP).