SENIOR ANC members whose ambitions to ascend to the ANC's highest decision-making body were dashed by the step-aside rule have spoken out.
The members including suspended ANC secretary-general Ace Magashule and former eThekwini mayor Zandile Gumede labelled the use of the resolution in the rules for nominating and electing members to the NEC at the December conference as unfair and undemocratic.
Gumede said the rule was unfair, while Magashule said the rules were not only exclusionary but were undemocratic.
Calls for the step-aside rule to be scrapped were also made during the ANC's policy conference last month with no success.
Magashule this week vowed to challenge some of the rules set to be debated and possibly adopted at the ANC's 55th national conference.
"You cannot ban people who have not been proven guilty by any court of law to exercise their right; first, as a member and secondly, those denied to do what they want and those are branches, those are individual members.
“The constitution of the ANC says anyone has a right to elect and be elected," Magashule said.
Asked if he would challenge the rules given the chance to be a delegate at the December conference Magashule said: "Yes, of course, but it is for the branches to decide. Branches will decide," he said.
"If my branch makes me a delegate I will attend the conference, but let's wait and see. I am also still the secretary-general; there is currently no secretary- general, I have just been (pushed) aside but I am still the SG," Magashule said.
The rules were circulated to provincial secretaries and co-ordinators by acting ANC secretary-general Paul Mashatile.
The rules state: “No one may contest ANC elections for leadership if they have been found guilty of, or have been charged with unethical or immoral conduct, or any serious crime, or corruption.”
Gumede, who faces multiple corruption charges, said she believed the step-aside rule was "unfair" but there was nothing she could do.
"It is not fair but I did step aside I was meant to come in as treasurer at the provincial conference but I stepped aside. What can I do when the powers that be see fit? Then let it be," Gumede said.
Gumede, along with 21 others, are expected back in court on August 22 for a trial relating to a R320 million waste contract.
Magashule was suspended in May last year following charges of fraud and corruption concerning a R255m asbestos tender during his tenure as Free State premier.
He was dealt another blow this week when the Constitutional Court dismissed his bid to overturn his suspension.
ANC Western Cape convenor Lerumo Kalako said three members from different regions in Western Cape were affected by the step-aside rule.
Lekako said the charges which forced the members to step aside were related to fraud.
The party’s other rules outline how those interested in serving in the NEC should lobby other members without “buying votes”.
Vote buying is a hot topic at ANC conferences, as allegations have previously been made that some members use money, especially money obtained through state coffers, to secure the support of delegates.
It is unclear how the party intends to enforce the rules but objections against any candidates who have been nominated must reach the electoral committee by October 15.
Political analyst Dr Protas Madlala said he was concerned that the party enforcing the step-aside rule when justice in the country was slow.
"The other concern that I have is that the legal system in South Africa takes years, you might be charged today and then you step aside. (But) five years later your case might still not have gone through the courts… and that is not fair," Madlala said.
"The point of the step-aside was to remove things that taint the image or brand of the ANC. This made sense but the question is the implementation of it.
"The step-aside (rules) aren’t very clear. It's very blurry but it is an attempt for them to renew their brand," Madlala said.
Another analyst Ntsikelelo Breakfast said he was concerned the implementation of step-aside appeared to be targeting a certain faction within the ANC.
“The step-aside rule in theory is all well and good but in practice it is implemented in a way that is one-sided, because it applies to people of a particular faction,” Breakfast said.
Breakfast said this escalated the conflict within the two factions – those who support Cyril Ramaphosa for a second term. and those who were opposed to the idea.