THE ANC NEC has condemned the acts of violence, and even calls for a civil war, display of weapons and firing of guns at former president Jacob Zuma’s homestead in Nkandla, allegedly by members of Umkhonto we Sizwe Military Veterans Association (MKMVA).
ANC deputy Secretary General Jessie Duarte said what happened in Nkandla was engineered from within the ranks of the party and said the ANC deplored the “counter-revolutionary calls for violence and even civil war, parading of armed groups and flagrant display of weapons” outside Zuma’s home.
Duarte was addressing the media following a special NEC meeting on Monday.
She said the NEC has instructed the office of the Secretary-General and the KwaZulu-Natal provincial secretary to immediately institute disciplinary action against organisers of the activities that took place outside Zuma’s home.
“The threat of violence aimed at undermining our democracy and its core institutions is counter-revolutionary, akin to similar displays and acts by extreme right-wing elements,” she said.
“The NEC reaffirms that all our democratic institutions, including the judiciary and law enforcement agencies, shall always be defected from political attacks so that they do their work without fear, favour or prejudice.”
Scores of Zuma’s supporters gathered outside his home to offer him support following an urgent court application for a stay of execution of his arrest pending another application in the Constitutional Court.
Some shots were also fired during the gathering and was captured on camera by police and some media houses.
Duarte added that suspended ANC Secretary-General Ace Magashule would be investigated over comments he made over the weekend.
Magashule was heard calling on disbanded ANC structures to disobey the leadership when they are disbanded.
“What we are doing is trying to understand. We will ask him to explain himself,” said Duarte.
She said there were no structures that were disbanded as it would be in favour of certain individuals.
She said this was an attempt by Magashule and others to create discord among certain members of the party.
Duarte also confirmed that the NEC has taken a decision to disband MKMVA.
However, MKMVA spokesperson Carl Niehaus said the association has noted with dismay the NEC statement confirming the disbandment of the MKMVA.
“This is a totally unacceptable situation, which MKMVA will not accept. We are an autonomous structure, and it is not legally, nor politically, possible for the ANC disband the MBMVA,” said Niehaus.
“Our MKMVA NEC will continue to carry out the democratic mandate bestowed on us by our 5th National Conference in 2017.”
Meanwhile, Zuma’s bid to stop his arrest was heard by Judge Bhekisisa Mnguni in the High Court in Pietermaritzburg.
Judgment has been reserved and will be handed down on Friday morning.
In its judgment last week, the Constitutional Court sentenced Zuma to 15 months in jail for failing to appear before the State Capture Inquiry.
Zuma was ordered to hand himself over to the police by last Sunday.
But the former president remains a free man, with Police Minister Bheki Cele saying he will only act on the arrest order after Zuma’s challenge is heard.
In legal arguments before the Pietermaritzburg High Court, Zuma’s lawyer Dali Mpofu on Tuesday argued that the former president would turn 80 on his next birthday, his “health condition is uncontestably precarious”, and he was not a flight risk as he was under the care and security of the state.
That argument gained short shrift from the anti-corruption panel that Zuma snubbed.
“We are dealing with a repetitive and recalcitrant law breaker in the form of Mr Zuma,” attorney Tembeka Ngcukaitobi told judge Mnguni.
“He has now come to ask you to assist him to break the law further. You should reject that.”
He added: “The law needs to be expressed clearly. The law needs to be pronounced without ambiguity […] the judiciary needs to speak without ambivalence about the correct legal position.”
Ngcukaitobi said a lower court can’t meddle in the matter of a higher court.
“Section 173 does not give any of the courts mentioned therein, including the high court, carte blanche to meddle or interfere in the affairs of inferior courts. Remember this, my lord. The Constitutional Court cannot interfere in your own affairs. It can only do so on appeal. Remember this, you your lordship, cannot interfere with the magistrate’s court in their own processes. You can only do so on appeal,” said Ngcukaitobi.
“If you cannot interfere with the functioning of an inferior court, as the high court, how much more with a superior court.”
Duarte said the party was aware Zuma was exploring every legal avenue to reduce or escape his prison sentence.
“President Zuma is exploring every legal avenue that is available to reduce or to remove the custodial sentence that had been put on him. In the view of the ANC, we respect the rule of law. We believe the judiciary must be left to make its own decisions. We don’t believe we have any say in how the judiciary will make a finding. We would hope that comrade Zuma’s court application will be successful, and that’s really all we can say at this stage,” she told a news conference.
- Inside Politics