Ta-ta, Carl: ANC expels Niehaus for good

Suspended uMkhonto we Sizwe Military Veteran’s Association (MKMVA) spokesperson Carl Niehaus has been expelled from the ANC, its national disciplinary committee (NDC) ruled on Monday.

Niehaus was charged with six counts of misconduct, for “contravening Rule 25 of the ANC Constitution”.

The ANC said this was related to comments made in June and July 2021, which brought the party “into disrepute”.

Charges

On count one, Niehaus reportedly contravened Rule 25.17.5 with Rule 25.17.3, when he organised a press briefing “at or near” the home of former president Jacob Zuma at his Nkandla homestead in July last year.

This was around the time the Constitutional Court found Zuma guilty of contempt of court, after he refused to appear before the Commission of Inquiry into Allegations of State Capture.

In Niehaus’ briefing, he said the ruling was “a travesty of justice”.

“President Zuma’s legal problems was caused by political factionalism and by shenanigans between state authorities especially the National Prosecuting Authority and some politicians within the ANC.”

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Niehaus said the arms deal case was “manipulated” by the NPA “in conjunction with politicians who want to destroy President Zuma’s political career.”

He branded the report “flimsy”, and said the law was being used “selectively as an instrument to fight political and factional battles”.

Brought the ANC into disrepute

Niehaus’ comments were slammed as “devoid of any truth and patently false”, and the ANC accused him of bringing the party into disrepute.

Count two saw Niehaus contravene the same rules as in his first count when, later that same month, he said “No one can let Msholozi go to jail, never”.

The ANC said this comment was made in “defiance” of the national executive committee’s position not to interfere with “the judicial arm of the state and the rule of law”. Once again, the party said this brought it into disrepute.

‘Reckless’ comments

Count three involved Niehaus’ interview with SABC News on 29 June 2021, the day Zuma was found guilty of contempt of court. During the interview, Niehaus said the Zondo Commission was set up to “target” Zuma, and that the country’s courts “have clearly been captured”.

“We are living in a dictatorship of the judiciary and the courts have become a tool for factional political battles to target certain politicians while other are let off the hook,” he said.

These comments were branded “reckless” and baseless by the ANC.

“While the ANC has come under great scrutiny at the Commission, the NEC believes that this is a necessary part of the national effort to end state capture in all its forms and ensure that it can never happen again.

“The utterance brought the ANC into disrepute,” the NDC ruled.

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Count four was in reference to Niehaus’ comments that he and Zuma’s supporters would form a “human chain” in a bid to prevent the former president’s arrest.

On count five, the ANC found Niehaus’ comments to an SABC News journalist outside the Estcourt Correctional Facility, where Zuma was committed to serve his 15-month sentence.

Niehaus told the journalist an “injustice was perpetuated” on Zuma. “The law was being weaponised as an instrument of factional politics.”

The party found Niehaus’ conduct was “in conflict with ANC resolutions in which the NEC publicly expressed its unequivocal support for the rule of law”.

On the last count, the ANC found Niehaus brought it into disrepute when he said it was “a disgrace for the ANC to imprison Jacob Zuma and we should not allow ourselves to be silenced”.

“[G]ood morning fellow comrades and all South Africans who are outraged by the continuing, unjust and vindictive imprisonment of Jacob Zuma.”

The ANC found the “innuendo of the utterance” encouraged South Africans to be outraged, and to regard the party’s conduct as “disgraceful”.

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Legal proceedings

Niehaus admitted to the statements made, and raised a special defence of obedience to order, in November last year, before the NDC’s ruling.

Former finance minister Des van Rooyen was called as Niehaus’ witness.

When giving evidence, van Rooyen said Niehaus was tasked with diffusing the situation surrounding Zuma’s sentencing, and to “bring calm”.

He also argued the MKMVA was an autonomous body, and that Niehaus was acting on the instruction of the association when the comments were made.

The fact that Niehaus did not have the opportunity to be cross-examined by transport minister Fikile Mbalula was also a point of contention.

Mbalula was called as a witness on 5 November, but numerous postponements followed, and the case was closed by the NDC.

This, van Rooyen said, was prejudiced against him.

Read the NDC’s findings against Niehaus in full below:

Compiled by Nica Richards.