An ANC National Disciplinary Committee (NDC) report shows that the body has decided not to interfere with the sanction imposed by the Mpumalanga disciplinary committee against the former MEC as it is considered to be appropriate.
The confidential report by the NDC, which has been seen by Daily Maverick, is dated 22 July 2024 and signed by acting chairperson Enver Surty.
Msibi has been suspended from the party for three years, two of which have been deferred on condition that he is not again found guilty of contravening any provision of Rule 25.17 of the ANC’s constitution.
Msibi, who was elected treasurer in 2022, was taken to task earlier this year for mobilising and inciting a group of ANC members in eHlanzeni to protest at the party’s 8 January anniversary celebrations at Mbombela Stadium in Nelspruit.
“Major events of the ANC, such as January 8 celebrations, attract widespread media attention. Had the march materialised, it would not only have seriously prejudiced the reputation of the organisation but could potentially have led to violent clashes with members and supporters in the stadium, resulting in damage to property, injury and loss of life,” the report reads.
Msibi was then charged for breaching the ANC membership code, bringing the ANC into disrepute and prejudicing the integrity of the party. He was found guilty.
Grounds for appeal
Msibi appealed against the decision, arguing that his suspension was unlawful, in violation of section 19 of the Constitution Act 1996, and was driven by an ulterior motive. He believes his suspension was a deliberate move to exclude him from campaigning for the party during the 2024 provincial and national elections.
During campaign season Msibi canvassed the community in Pienaar near Mbombela to vote for the ANC despite being on suspension.
He expected the suspension to be lifted once he applied for an appeal. However, this was not the case.
The party suspended the Mpumalanga leader, but he claimed there were errors on his charge sheet, rendering it “defective” and therefore “unlawful”, and that new acts of misconduct had been introduced to the sheet which had not been referred to in the initial notice to institute disciplinary proceedings.
He cast aspersions on the witnesses in the matter, eHlanzeni regional chairperson Folas Folles Sibuyi, and the provincial secretary, Muzi Chirwa.
ANC calls for harsher punishment
The ANC argued for the dismissal of the appeal and implored the NDC to impose a harsher sanction.
While the party’s constitution allows the NDC to reconsider a harsher sanction if the circumstances warrants it, it chose not to.
Yet in its report the disciplinary body highlights that a more stringent sanction on Msibi would not be inappropriate as he had displayed disregard for the organisation, its president, Cyril Ramaphosa, and its code of conduct.
“The planning for the march had gone beyond the stage of attempt and the evidence of the Provincial Secretary showed that the organisers, including the appellant, were defiant and not prepared to heed the call of ANC national and provincial leaders to review their resolution and call off the march,” it reads.
The NDC said there was nothing political about the approach of the organisers, nor was there any justification for their actions and that it was instead transactional.
This is not the first time Msibi has landed in hot water. He was removed from the provincial cabinet in 2021 after being charged with murder and attempted murder in connection with a shootout at Chesa Nyama in Mbombela.
Two ANC members were gunned down during the incident.
Despite this, he was elected as treasurer of the ANC in Mpumalanga at the 13th provincial congress in 2022, but was instructed to step aside.
Charges against Msibi and his co-accused were later withdrawn.
ANC acting spokesperson Zuko Godlimpi declined to comment on the matter when contacted on Thursday. DM
Daily Maverick
www.dailymaverick.co.za
