Step-aside rule
[2] The delegates at the conference resolved to "Reaffirm the 2015 NGC resolution that, ANC leaders and members who are alleged to be involved in corrupt activities, should, where necessary step aside until their names are cleared.
[2] The Top Six delegated the task to ANC stalwarts Mathews Phosa and Kgalema Motlanthe, who presented their recommendations to the NEC in February 2021.
[6] The NEC adopted their recommendations as the so-called step-aside guidelines, which provided detailed procedures for implementation under different circumstances.
In broad strokes, the guidelines required that ANC members facing allegations or charges of corruption (or other serious crimes) should present themselves to the Integrity Commission, should step aside voluntarily if indicted, and should resign if convicted.
[7] ANC bodies would consider the seriousness of any allegations to determine whether they merited the implementation of the step-aside rule, and would summarily suspend members who refused to step aside when requested to do so.
[6][8] The suspension would proceed in line with the ANC constitution – rule 25.56 provides for leadership bodies to impose temporary suspension of members prior to the commencement of disciplinary proceedings, while rule 25.70 allows that:Where a public representative, office-bearer or member has been indicted to appear in a court of law on any charge, the Secretary General or Provincial Secretary, acting on the authority of the NEC, the NWC [National Working Committee], the PEC [Provincial Executive Committees] or the PWC [Provincial Working Committees], if satisfied that the temporary suspension of such public representative, office-bearer or member would be in the best interest of the Organisation, may suspend such public representative, elected office-bearer or member and impose terms and conditions to regulate their participation and conduct during the suspension.
In the preceding weeks, ANC members had been elected to subnational party offices while facing criminal charges – Zandile Gumede as chairperson in eThekwini, and Mandla Msibi as treasurer in Mpumalanga – and the NEC said that it sought "to close that gap"[13] and avoid further "confusion and serious reputational damage to the organization".
"[19] In August, the National Working Committee endorsed and circulated a proposal to amend the ANC's constitution to further institutionalise the step-aside rule.
[21]The constitutional amendment will be considered at the 55th National Conference in December,[20] where other factions of the party are expected to argue that the rule should be overturned entirely.
