The ANC’s National Disciplinary Committee (NDC) has expelled Carl Niehaus for bringing the party into disrepute.
Niehaus was charged with six counts of misconduct for contravening Rule 25 of the ANC constitution.
The ANC found that he made utterances during June and July lasy year, which contravened various sub-rules of Rule 25 and brought the ANC into disrepute.
I have already appealed the travesty of justice of my illegal expulsion by the ANC National Disciplinary Committee (NDC). Because I have appealed the farcical expulsion is suspended. I remain a full member of @MYANC.
— Carl Niehaus (@niehaus_carl) December 12, 2022
A LUTA CONTINUA! ✊🏾 pic.twitter.com/vlPvXQ0HCU
The ANC was represented by its chief national presenter, Uriel Abrahamse, who was supported by national presenters Amanda Vilakazi and Mohammed Bhabha, while Niehaus was represented by Mathews Phosa.
Here are the details of each charge brought against Niehaus by the ANC
On Count 1 the ANC found that the charged member contravened the ANC constitution in that on or about July 2, 2021 and at or near the home of former president Jacob Zuma, at Nkandla, KwaZulu-Natal, he organised, alternatively participated in a briefing to the media, which was broadcast live on national television and uttered words, inter alia, “This is the most tragic week in the history of South Africa when president Zuma is humiliated once again. The ruling of the Constitutional Court is a travesty of justice. For 22 years president Zuma was pursued by the enemies of the people. 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 ... The law is being used selectively as an instrument to fight political and factional battles.”
The ANC found that the utterance was devoid of any truth and patently false and that the charged member deliberately put such false information into the public domain to cause confusion and disunity in the ANC.
On Count 2 the ANC found that Niehaus contravened the ANC constitution in that on July 4, 2021 and at or near the home of former president Zuma at Nkandla, KwaZulu-Natal, he uttered the following words on national TV, “No one can let Msholozi go to jail, never.”
The ANC said that this utterance was made after the Constitutional Court found Zuma guilty of contempt of court on June 29, 2021 and sentenced him to an unsuspended term of imprisonment of 15 months and the utterance was made with full knowledge and in defiance of the NEC (National Executive Committee) position, that is that the ANC as a political organisation must maintain and respect the separation between party and state and consequently could not interfere with the judicial arm of the state and the rule of law, saying that it brought the ANC into disrepute.
On Count 3 Niehaus was found to have contravened the ANC constitution in that on June 29, 2021 in an interview with the SABC that was broadcast live on national TV, he had uttered words to the effect that “the whole Zondo commission was set up to target president Zuma”.
“Our 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.”
The ruling party said that the utterance was made recklessly and without reference to the ANC position on the commission on state capture, with the ANC reaffirming its support for the work of the commission and its role in determining the nature and extent of state capture, and for holding those responsible to account.
The party said 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.
On Count 4 the ANC found that the charged member contravened the ANC constitution by bringing the party into disrepute when he uttered words to the effect that he and others would form a human chain and prevent the arrest of the former president and subsequent committal to a correctional service facility, especially after Niehaus acknowledged that he was suspended a few hours earlier.
On Count 5 the ANC found that on or about July 8, 2021 and outside the Estcourt Correctional Facility, where former president Zuma was committed to serve his sentence, and while he was on temporary suspension, he uttered the following words to a SABC journalist which were broadcast live on national television, “an injustice was perpetrated on president Zuma. The law was being weaponised as an instrument of factional politics.”
The ANC said that the import of the utterance was that the South African judiciary is not independent and that the judicial arm performs its responsibilities in accordance with the dictates of ANC politicians, and that his conduct was in conflict with ANC resolutions in which the NEC publicly expressed its unequivocal support for the rule of law, the judiciary and the judgment of the Constitutional Court issued on June 29, 2021.
On Count 6 the ANC added that the charged member contravened the ANC constitution in that on or about July 9, 2021 he uttered the words, “Good morning fellow comrades and all South Africans who are outraged by the continuing, unjust and vindictive imprisonment of Jacob Zuma. It is a disgrace for the ANC to imprison Jacob Zuma and we should not allow ourselves to be silenced.”
The ANC said that the innuendo of the utterance was to exhort all South Africans to be outraged and to regard the conduct of the ANC to be disgraceful when the NEC adopted a position that the judgment of the Constitutional Court handed down on June 29, 2021 must be respected.
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