The eight African National Congress (ANC) members in the North West expelled for committing various offences say they are going to appeal the party’s Provincial Disciplinary Committee (PDC) decision to kick them from the party.
Some of the expelled members include a Member of the Provincial Legislature Mmoloki Cwaile, former Mahikeng Local Municipality Speaker Bafana Nebe and five Mamusa Local Municipality councilors.
All the expelled members held a media briefing in Mahikeng on Thursday to announce their stance, following their expulsion on Monday.
The ANC provincial secretary, Louis Diremelo reiterated their intention to renew the organisation and instill discipline and said the five councilors were permanently expelled for defying the party by voting with opposition parties during a council sitting.
“The five expelled councillors from the Mamusa Local Municipality in the Dr Ruth District Municipality are Lesego Motlapele, Gontse Kock, Tshepo Kwenanyane, Mittah Chelechele and Tumisho Tlhole.
“They were expelled in relation to the contravention of rule 25 of the ANC constitution where they voted with the opposition parties at their council. They have been subjected to the hearing and we are told that they did not cooperate and some didn’t even attend the hearings,” Diremelo said.
He said Cwaile who is also from the Dr Ruth Segomotsi Mompati in the Taung sub-region was expelled for 10 years for the contravention of the party’s numerous clauses by pretending to be a voting delegate during the party’s provincial election conference last year.
“This is in relation to the provincial conference, where he pretended to be a delegate and contravened the 25.17.17.4 rule of the party’s constitution. The verdict is that he has been expelled from the ANC for a period of 10 years,” he said.
Diremelo said Nebe from the Ngaka Modiri Molema District was also expelled for 10 years for contravening numerous clauses of rule 25 of the ANC’s constitution.
“Nebe contravened of Rule 25.17.1 of the ANC Constitution, acting in breach of the membership oath. Comrade Bafana Nebe did not attend the hearing. The hearing proceeded in his absence on the 15th of February 2023 in line with Rule 25.7(2) of the ANC Constitution.
“A basic rule of fairness is that a person who will be adversely affected by an act or a decision of the administration or authority shall be granted a hearing before he suffers a detriment. Cde Bafana Nebe is expelled from the ANC for a period of ten years with effect from the 1 April 2023,” Diremelo said.
He said Steven Moreki is expelled from the ANC for a period of three years and suspended for a period of 5 (five) years.
“He has been expelled from the ANC for a period of three years. But the sanction has been suspended for a period of five years. This means he is not supposed to commit the same contraventions within a period of five years,” he said.
However, Cwaile said a notice of the intention to appeal their expulsion has been filed.
“The notice of intention to appeal or review has been registered with all the relevant organizational offices. And by that virtue and in the spirit and principle of the constitution of the ANC there is nothing like immediate removal.
“Therefore the appeal itself that has been made will hold, put aside and collapse the preferred sanctions. So they do not get to be implemented immediately because the constitution automatically provided the opportunity for 21 days,” Cwaile said.
Nebe refuted claims that he did not attend disciplinary hearings and threatened legal action against the ANC North West Provincial Executive Committee (PEC) for defamation of character.
“I wrote to the Secretary General of the ANC, including the PEC and the so-called chairperson of the disciplinary committee. I challenged them to prove to me and the public that they have charged me.
“They must also prove to the public that they have summoned me to the disciplinary hearings, which I have refused to attend. I wrote to them to say, I gave them seven days to provide me with the charge sheet and the letter that summoned me to attend those hearings.
“I also instructed them within seven days to retract their statement on my name and also apologise to me publicly. Failure to do so, I will consult my legal team and lay charges of defamation of character against the provincial ANC leadership of the ANC in the North West,” said Nebe.
Some expelled members were given 21 days to appeal their suspension.
