AFRICAN National Congress Member of Parliament Dr Makhosi Khoza has refused to attend her disciplinary hearing which was initiated by the Provincial Executive Committee stating that the organ was fraudulently elected.
Her statements follow the court ruling which found that the “Eighth KwaZulu-Natal Provincial Elective Conference of the African National Congress held at Pietermaritzburg from 6 to 8 November 2015 and decisions taken at that conference are declared unlawful and invalid.”
Using that as a premise, Khoza informed those calling for her head for being outspoken and critical of President Jacob Zuma that she would not be disciplined by illegitimately elected individuals. “For that reason, apart from the other material flaws in the disciplinary process, the rescheduled disciplinary hearing is a nullity and cannot be proceeded with. Any conduct to the contrary will, at the very least, be in constructive contempt of the Judgment and unlawful,” she said.
“It follows as a matter of course that any potential disciplinary steps to be taken, could only be decided upon by a newly elected PEC, after a constitutionally compliant Provincial Elective Conference has taken place and new Provincial Office Bearers have been duly elected. I have also noted the contradictory public/ press statements purportedly made by prominent ANCYL office bearers and by the ANC Women’s League, as well as by the NEC, regarding the Judgement, which developments and are also relevant to my defences in regard to the unjustified charges against me,” Khoza added.
She was charged on July 25 and was said to have contravened 11 party rules which included bringing the party into disrepute and failing to comply with party policy. Her Facebook posts heavily criticizing the movement and President Jacob Zuma were the basis for the charges.
The organisation accused her of failing to use the correct platforms within the movement to raise her unhappiness and issues.
“These statements were made outside the structures of the organisation. Indeed, you refused and/or failed to use the opportunity provided by the National Policy Conference, which you attended, to legitimately raise your views on the platform provided. A significant portion of your statements constitute a public attack on the organisation and its leadership in language and tone that is contrary to the culture and tradition of the organisation,” the province said in the charge sheet.
The province said Khoza made various statements on her Facebook page and should have known they would be made public. The charge sheet said a significant portion of her statements constituted a public attack on the organisation and its leadership in a language and tone that was contrary to the culture and tradition of the organisation.
Khoza further used the recent Supreme Court of Appeal hearing in the matter relating to Zuma’s spy tapes to argue her case and justify her relentless attack on the president.
“As matters presently stand, the Judgement and abovementioned developments are all of crucial importance to the proper conduct of my defence, and regarding several breaches of the ANC’s constitution and disciplinary code by my accusers and detractors in regard to the steps taken against me. I point out that apart from my other defences, my rights in terms of our country’s Constitution, as well as of the ANC constitution, are being breached in regard to the steps taken against me. The constitution of the ANC and the rules governing its functioning collectively constitute the terms of an agreement amongst the members. Branches do not join the ANC, individual members do. When the constitution is violated, it is not a violation possibly of only rights of the branches, but the violation of rights of individual members. The constitution of the ANC simply gives effect to the political rights each member of the ANC has in terms of s 19 of the Constitution,” she said.
Political analyst Levy Ndou shared the same sentiments and said he believed the current leadership has been stripped of f power and can’t do anything until the matter has been fully put to rest. Ndou says Khoza can now breathe a sigh of relief and not have to worry about that matter.
The provincial leadership was taken to court by Lawrence Dube and four others following the 2015 conference that saw former provincial chairperson Senzo Mchunu dethroned. He was replaced by Sihle Zikalala but his victory was marred by controversy. Branches and people complained that the conference was held prematurely and there were irregularities. The results were questioned. Zikalala received 780 votes with Mchunu getting 675. It was claimed that the results were rigged.
Ndou added that with Zikalala’s credibility under question and leading a team of ‘fraudsters’, there was no way they would attempt to continue with the case.
“Makhosi Khoza was summoned by an illegitimate leadership. You must check that illegitimate as they are, will they press ahead with the charges against her. I don’t think they will do so because it’s an illegitimate leadership as declared by a court of law of South Africa,” said Ndou.
African National Congress spokesperson Mdumiseni Ntuli described Khoza’s actions as undermining the party. “This is a comrade who is working to undermine the ANC’s president. We are not surprised by her. She has been doing very well to undermine