Public announcement of the ANC Eastern Cape Provincial Disciplinary Committee hearings of the following Comrades : Bulelwa Madikane, Wongalethu Mbadlanyana, Nomfundiso Tshona , Nomonde Jiya, Zikhethele Mnqokoyi, Vuyelwa Nkehle, Thandiwe Nkutu, Lwanda Tsipa , Nothulethu Nqolomlilo, Simphiwe Lillise, Nozinzile Zaba, Thandeka Ntyinkala , Nelisa Lusizi, Gloria Nombila, Thandeka Xhongwana, Nokuku Dube, Maliza Ntshonga, Cnythia Mtsi, Tunyiswa Nkamisa, Nokwanda Sheleni and Nokuzola Layiti.
PREAMBLE The ANC Constitution requires public announcement of the outcome of a disciplinary proceeding. The purpose of this media conference is to announce the outcome of disciplinary proceedings involving the abovementioned 21 ANC Mnquma Councillors.
Before dealing with the charges and findings, and in response to commentary and speculation by ANC members, political commentators and the public, the Provincial Disciplinary Committee (PDC) wishes to contextualise the process and their considerations.
THE ANC CONSTITUTION
In terms of the ANC Constitution the PDC hears and decides cases referred to it by the ANC Provincial Officials, PWC, or the PEC .
On 26 March 2018, the ANC PWC properly empowered in terms of the ANC Constitution, charged the twenty one (21) Mnquma Councillors for violations of the ANC Constitution.
In terms of the ANC Constitution the Chief Provincial Presenter represents and presents the case of the ANC at a hearing of the PDC and any person faced with disciplinary proceedings is entitled to be represented by a member in good standing.
Reasonable time was afforded to those charged and their representatives to prepare themselves for the hearings scheduled over the period 8 April to 13 May 2018 .
Based on the facts and evidence presented the PDC has made a ruling and decided on penalties
Those charged have been advised of the ruling and the penalties, with reasons, and they have been advised of their right to appeal to the National Disciplinary Committee .
The PDC is accordingly satisfied that disciplinary proceedings were properly initiated and that proper process was followed and all have been found guilty.
Sanction
Factors taken into account for the purpose of sanctioning
The seriousness of the charge;
the presence of aggravating factors;
any previous findings against the respondents;
the presence of mitigating factors;
the concept that the sanction must take into consideration the interest of the ANC, the respondents and society at large;
the concept of a graduated approach to sanctioning; and
the sanction must fit the offence.
1.Each respondent is fined a sum of R5000 ( Five Thousand Rands only) which sum must be paid by each respondent in case nos.5/2018 to 25/2018 on or before 30 June 2018 failing which the membership of the Respondents in case nos. 5/2018 to 25/2018 is suspended for period of three years .
2.The said fine of R5000 to be paid by each respondent to the office of the Provincial Secretary of the ANC in the Eastern Cape as set out in paragraph 1 hereabove is to be used solely for a worthy cause to be identified by the Provincial Secretary of the ANC aforesaid for poor people and children with disability and poor people and children of the wards of Mnquma Local Municipality and the area of Mnquma Local Municipality where the Respondents are based within three (3) months from 30 June 2018 .
3.The Provincial Secretary of the ANC aforesaid is directed to present a report before this committee on or before 30 September 2018 that he has complied with the condition set out in paragraph 2 hereabove .
4.In addition to the said fine the membership of each of the Respondents in case nos.5/2018 to 25/2018 in the ANC is suspended for a period of three years which is wholly suspended on condition that the Respondents are not again charged with any of misconduct in terms of the ANC Constitution within a year from 13 May 2018 .
5.Each Respondent is hereby advised that he/she has a right to appeal against both the finding on guilt as well as the sanction within 21 days from date hereof to the National Disciplinary Committee.
Issued by:
Thokozile Sokhanyile
Chairperson
Provincial Disciplinary Committee
Eastern Cape
ANC Media & Liaison Officer
Judy Mpetsheni
Mobile No: 0636878267/0731176194
ANC Communications Manager
Gift Ngqondi
Mobile No:0848439706/0849519924
