By OBAKENG MAJE
The former North West Premier and ANC provincial chairperson, Supra Mahumapelo has been given a salvation to redeem himself after the ANC National Disciplinary Committee (NDC) reversed his 5-year suspension.
Embattled Mahumapelo along with the acting secretary of the ANC Women’s League in North West, Bitsa Lenkopane, were suspended from the ruling party by the ANC Provincial Disciplinary Committee (PDC) for misconduct.
However, the ANC National Disciplinary Committee acting chairperson, Nocawe Mafu said in a statement that the interest of justice was not taken into consideration when they were suspended.
On 27 April 2021, the North West Provincial Disciplinary Committee found Mahumapelo and Lenkopane guilty of misconduct, suspended them for five years and directed them to submit themselves for remedial guidance.
However, both Mahumapelo and Lenkopane were not present when the PDC took its decision and subsequently applied to the National Disciplinary Committee to review the decision of the PDC.
“On 25 June 2021, the NDC gave both the ANC and the charged members and their representatives an opportunity to present their respective cases and sent it’s written finding to both parties on the same day.
“The NDC findings was that, both review applications of Mahumapelo and Lenkopane were upheld to afford them an opportunity to state their case and conduct their defence. The interest of justice for both charged members and the ANC would best be served if the matter was referred back to the PDC for re-hearing in terms of Rule 25.23.4 of the ANC constitution,” Mafu said.
She further said the PDC was directed to finalise the matter within 15 days and both Mahumapelo and Lenkopane were required to give their full cooperation. However, Mafu added that the PDC did not finalise the matter within 15-day time limit prescribed by the NDC.
“In light of the development, the charged members approached the NDC for a directive. The NDC convened on 16 August 2021 and decided that the PDC should be afforded an opportunity to explain why the 15-day time limit was not complied with.
“On 19 August 2021, the PDC told the to the NDC that it interpreted “re-hearing” to mean restarting the process. It activated the process de novo (from the beginning) and re-served the charge sheet on the charged members and gave the required period of 14-day notice before it commenced disciplinary proceedings on the 15th day,” she said.
According to information, the PDC also alleged that the NDC had no powers to refer the matter back to the PDC for re-hearing and consequently adopted the review that the NDC had acted unconstitutionally.
The PDC also said only part of the constitution it could find which dealt with re-hearing was in Rule 25.30 which gave the NEC the power to refer a matter back to the appropriate disciplinary committee for re-hearing.
In a letter sent to the NDC, the PDC states: “The period of 15 days stipulated by the NDC was both impractical and unconstitutional because the ANC constitution does not confer such power on the NDC.
“By prescribing 15 days, the NDC acted unconstitutionally because Rule 25.50 provides that disciplinary proceedings shall be finalised by the disciplinary committee concerned within 6 months from the date that a notice of the charge was delivered to the charged members or his or her representative.”
However, Mafu refuted the PDC claims and said to avoid any misunderstanding, the NDC had set out the various steps to be followed by the PDC.
“The charge sheet reserved on both Mahumapelo and Lenkopane on 26 June 2021 will stand and there is no need to re-serve the charge sheet. The record of proceedings of 11 July 2021, where the charged members raised points in limine will stand as part of the record and the charged members will not be permitted to raise the same points in limine going forward.
“The PDC has six months to finalise the new disciplinary proceedings which it commenced on 26 June 2021 and that period will end on 25 December 2021. The same members of the PDC will be eligible to re-hear the matter because it will be the first time they will be hearing evidence on the substantive issues from both the ANC and the charged members,” she said.
Mafu further said no prejudice will be suffered by the charged members. She said the rules of natural justice must be afforded to the charged members to cross examine ANC witnesses and lead evidence of their own.
“Similarly, the ANC would have the right to cross examine the charged members (if they elect to testify) and witnesses. The PDC bearing finalised on 27 April 2021 is tendered a nullity. Consequently, the guilty and 5-year suspension imposed on both Mahumapelo and Lenkopane fall away and they are required to resume their responsibilities as public representatives in their respective government institutions in which they serve as ANC deployees (if their suspension precluded them from doing so)
“If the PDC finds the charged members guilty, they may appeal or receive the PDC findings to the NDC as provided for in Rule 25.35 and 25.36 of the ANC constitution. Where a charged member has appealed against or applied to review the decision of the PDC, the ANC, as the complaint has the right to cross appeal or oppose the review application (Rule 25.37 to 25.40),” said Mafu.
She said in terms of Rule 25.37, the ANC has the right to appeal against the decision and sanction imposed by the PDC. Mafu said any decision made of the PDC and/or the NDC will be subject to review by the NEC in terms of Rules 25.29 to 25.31 of the ANC constitution to satisfy itself that procedural fairness was afforded to the charged members.
Meanwhile, Lenkopane said the decision by the NDC does not call for celebration but rather for unity. She said as a disciplined member of the party, she will abide to any decision.
The Guardian 