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Is the ANC’s Disciplinary Code Sufficient to Stop Corruption and Criminal Behaviour in Its Own Ranks?

Ismail Joosub and Ezra Mendel consider the contrasting dynamics between the ANC’s internal party discipline and the criminal justice system.

The post IS THE ANC’S DISCIPLINARY CODE SUFFICIENT TO STOP CORRUPTION AND CRIMINAL BEHAVIOUR IN ITS OWN RANKS? appeared first on FW de Klerk Foundation.

Issued by Ezra Mendel and Ismail Joosub and on behalf of the FW de Klerk Foundation:

Five prominent members of the ANC, namely Zizi Kodwa, Obed Bapela, Cedric Frolick, Malusi Gigaba and David Mahlobo, are currently facing internal disciplinary action within the party over their alleged involvement in the State Capture scandal and other corrupt practices. These actions have prompted a deeper look into the contrasting dynamics between the ANC’s internal party discipline and the criminal justice system. While the ANC’s disciplinary processes focus on violations of party conduct, criminal prosecution holds individuals accountable under national law, imposing far more tangible consequences. This distinction becomes particularly relevant in light of the case of Duduzile Zuma-Sambudla, who faces criminal charges under the Protection of Constitutional Democracy Against Terrorist and Related Activities Act of 2022 (“POCDATARA”).

This article is a follow-up to a piece published by the FW de Klerk Foundation on 15 July 2024, which discussed controversial ANC members embroiled in corruption allegations. Here, we delve deeper into the differences between party discipline and criminal accountability, highlighting how the ANC’s internal measures may not always align with the severity of criminal conduct and how Duduzile Zuma-Sambudla’s legal challenges present a stark contrast.

The ANC’s Disciplinary Process

The ANC’s internal disciplinary procedures are outlined in its Constitution, specifically in Rule 25, which governs the conduct of members. This Rule grants the party’s National Disciplinary Committee the authority to investigate and act on violations of party rules, ethics and the step-aside rule, which requires members facing criminal charges to step down from their positions. Importantly, while these disciplinary measures are political in nature, they do not have the power to bring criminal charges. The ANC’s…continue reading this article HERE.

 

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