“It means if we remove you from your position by force we are flouting the constitution of the country and the ANC can’t do that.
“If anybody in the ANC goes to court to challenge the legality of the decisions of the NEC on the rights that must accrue to citizens, that person will win in court against the ANC because our decision is flouting some aspects of the laws of the republic,” he said.
After the party’s Nasrec conference, and before publishing the resolutions of the conference, the NEC should have consulted the best lawyers in the country who would have checked that every clause of the resolutions complied with the laws of the republic, said Mahumapelo.
“It’s quite clear that was not done. If it was done, the law experts would have told us some parts of the resolutions are in conflict with the law of the republic,” he said.
By suspending parts of the resolution in conflict with the law, the ANC would be complying with its resolution and be in compliance with the laws of the country.
He said the party’s leadership would then call in the members who are accused, arrested and so on, and engage them and the outcome of those engagements would possibly see people voluntarily stepping aside.
“The leadership must not run out of patience to engage comrades whose standing in society might be such that it is affecting the standing and integrity of the ANC.”
He suggested that ANC secretary-general Ace Magashule, who has about a week to step-aside, was being targeted by some in the party who did not accept his election at Nasrec.
He said they have found an opportunity to get at him through the step-aside resolution.
Regarding his own suspension, Mahumapelo said he has written to the party’s national disciplinary committee of appeal to set it aside.
“We are fighting that suspension. The suspension is meant to threaten us, to make us afraid. It is meant to suppress us and to damage our political reputation and standing in the eyes of the people.
“How can you suspend a person for going to a meeting, for talking? None of the people in the hall complained. The person who complained is someone who was not in the meeting,” he said.
The ANC’s interim provincial committee in the North West temporarily suspended Mahumapelo’s party membership last Wednesday, pending an outcome on the party’s disciplinary process.
He is accused of addressing a gathering at which he advised a local mayor to ignore the interim structure’s instruction to resign from office.