A flag of the African National Congress (ANC). Picture: Michel Bega
Deputy Minister in the Presidency Kenny Morolong wondering if the North West provincial executive committee (PEC) has forfeited the right to discipline him after the chair of his disciplinary matter recused himself and the matter postponed indefinitely.
The time set for the hearing expires today in terms of the sixmonth period stipulated in the ANC constitution for its deliberation and conclusion.
Morolong, the former ANC North West spokesperson, received a notice on 13 December, 2022 about the hearing but the PEC earlier indicated it would not seek a further extension.
He was charged by the PEC for supporting a high court application by some disgruntled ANC members in North West who questioned the legitimacy of the provincial conference held from 12-14 August, 2022 at the Rustenburg Civic Centre and its outcomes, including the PEC election.
The members complained about the illegitimacy of the conference processes and wanted it declared unlawful because they were organised by an interim provincial committee that was declared the same as having expired.
The North West High Court in Mahikeng dismissed the first application challenging the legitimacy of the conference without explanation or giving reasons for the ruling.
READ MORE: ANC North West region head to court, demand interim provincial committee
The matter was appealed but the court ruling is still outstanding. Morolong, also a former interim provincial committee (IPC) member, was charged with allegedly putting the ANC into disrepute following alleged utterances he made outside high court on 2 December, 2022.
He addressed a group of ANC members, allegedly telling them the new PEC was “fictitious” and “fraudulent”.
In the charges, the new PEC, led by provincial chair Nono Maloyi, claimed Morolong had contravened Rule 25.17.1 of the ANC constitution.
But during a hearing in Potchefstroom on Saturday, the matter was postponed indefinitely after a quorum of three members was not made when one member did not attend.
At the same time, PDC chairProf Vuyo Peach had asked to recuse himself. He gave no reasons, but it is understood there had been complaints he did not qualify to preside over the matter as he did not belong to any ANC structure, as required by the party’s constitution Peach abandoned the matter as there were indications the Morolong team intended to challenge him to recuse himself.
Morolong may not appear in the hearing again as the case no long has a chair person – and the sixmonth period expires today.
If the matter was to be heard again, a new chair would have to be appointed and sufficient notice of at least 14 days be given.
A member with knowledge of the matter said the ANC provincial leadership was “in a Catch-22 situation” as they’d planned to expel Morolong.
“That’s their way to abandon the matter because they know the truth. They know that Peach does not qualify to preside over the case because he does not belong to any ANC structure and they can’t create a structure for him,” the member said.
He said it was extraordinary that a hearing was postponed indefinitely and the chair abandoned it. He believes Morolong has won. “The case is finished. They killed their own case,” he said.
NOW READ: Court dismisses ANC NW members’ bid to set aside provincial conference
– ericn@citizen.co.za
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