KwaZulu-Natal ANC takes aim at NPA

The KwaZulu-Natal (KZN) ANC provincial executive committee (PEC) has taken aim at organs of state operating in the justice sector, in particular, the National Prosecuting Authority for its management of cases implicating party members.

Briefing the media on Thursday on the outcomes of the PEC meeting, ANC secretary in the province Mdumiseni Ntuli said the PEC accepted the provincial integrity commission’s report that there was inadequate information before it to make a recommendation to the PEC that former eThekwini mayor Zandile Gumede and her co-accused in the Durban Solid Waste scandal, Zoe Shabalala and Thembelihle de Lange, should be recalled, suspended or step aside from their deployments.

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Gumede, now a member of the KZN legislature, and eThekwini councillors Shabalala and De Lange are facing charges of fraud, corruption and racketeering in a R400 million waste disposal tender.

Ntuli said the commission had made recommendations for the PEC’s consideration and that the commission noted that the state was yet to serve the three with an indictment that clearly spells out its case against them.

Furthermore, the commission noted that appearing before it, the trio denied the charges levelled against them and indicated that once an indictment had been served on them, they intend to plead not guilty, Ntuli said.

The commission also noted that Shabalala and De Lange were arrested on 11 December 2019 and Gumede more than a year and a half ago but their matter before court had been postponed on the basis that the state was still investigating, Ntuli said.

Based on the information before it, the commission resolved that there was no basis for it to conclude that the trio were in breach of the party’s constitutional rule 25.7.4 and found no basis for it to recommend to the PEC that the three should be recalled, suspended or should step aside from their positions, Ntuli said.

The PEC held extensive discussions on the commission’s report, Ntuli said, adding that it noted with “deep concern” how law-enforcement agencies at times arrest ANC members, some who are kept in custody, without them being charged and them being released indefinitely, which undermined the legal principle of justice delayed is justice denied.

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This gives credence to allegations and suspicions that some state organs are being used to advance a political agenda, Ntuli said.

Ntuli further said the PEC was pushing the ANC national executive committee (NEC) to finalise the national framework and guidelines on how reports of the commission should be dealt with and how the conference resolution on corruption-accused comrades stepping aside should be implemented.

Ntuli said it was correct to say there seemed to be an inconsistency in the way the national integrity commission had handled ANC secretary-general Ace Magashule’s matter and the way the provincial integrity commission had dealt with Gumede and her co-accused’s matter, which necessitated the framework and guidelines.

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