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Former Gauteng health (MEC) Bandile Masuku and former presidential spokesperson Khusela Diko may have been reinstated to their positions in ANC provincial structures by the party’s national appeal committee, but there is no certainty that they will be returned to their government positions.
The national disciplinary committee (NDC), on appeal, has deemed the provincial disciplinary committee’s finding that Diko and Masuku brought the ANC into disrepute for their alleged involvement in irregular personal protective equipment tenders to have been flawed.
The NDC, led by Mildred Oliphant, has ruled that both Masuku and Diko are not guilty of contravening the party’s constitution or of unethical behaviour, and can now continue their work in the ANC’s Gauteng provincial executive committee (PEC).
The two were suspended from participating in ANC organisational activities pending disciplinary processes against them.
This follows allegations that surfaced in July that Diko, Masuku and his wife – who is the member of the mayoral committee for corporate and shared services – were embroiled in a Covid-19 personal protective equipment scandal.
It was reported that the Gauteng health department had awarded a multimillion-rand tender for the equipment to Royal Bhaca, a company owned by Diko’s now late husband.
READ: Khusela Diko lashes out at ANC for ‘witch-hunt’
ANC provincial secretary Jacob Khawe told City Press that it was not up to the PEC to determine whether the pair would return to government.
He said the PEC would be meeting tomorrow to discuss the matter.
“The officials are currently discussing it as well,” he added.
However, a source in the Gauteng government dismissed speculation that Masuku would again be appointed as an MEC in the province.
“Remember that the premier [David Makhura] didn’t remove him as MEC on the basis of the ANC suspension. He acted based on the Special Investigating Unit’s report presented before him. The special investigation is still ongoing. The ANC has its own standards and they are not the same as government’s. That’s why people like Nomvula Mokonyane and Malusi Gigaba are no longer government ministers, but are still on the ANC’s national executive committee. Besides, no one has an automatic right to be an MEC [on the grounds that they are] a PEC member,” said the government insider.
In a statement he issued, Masuku said he would continue doing what he loved, which was serving people through the PEC.
“I’m happy that this unfortunate chapter in my political and professional career is behind me. In line with my oath of membership, I’ll continue to put my knowledge and skills at the disposal of the ANC by doing voluntary work in the community, including campaigning for this year’s local government elections,” the former MEC stated.
Masuku said the outcome of the ANC’s NDC had restored his faith in the party’s internal justice system.
“I’ve always maintained that I didn’t violate any of the rules or values of the ANC in my previous deployment to Gauteng health. That’s the truth, which everybody in the PEC knows,” he said.
In a separate statement issued by her lawyers, Diko said that she would continue serving the ANC with “probity, diligence and faithfulness”. She added, however, that the process she had undergone had brought into sharp focus the stubborn persistence of patriarchy and arbitrariness in society, with women comrades, in particular, expected to account for and be sanctioned for the business interests of their partners and spouses.
The NDC called out the provincial structures for their procedural unfairness and the unusual steps they had taken in handling the matter.
“In both matters, the Gauteng PDC misdirected itself in a material respect. There is no causal connection between the conduct of comrades Bandile and Khusela and the value system and ethical framework of the ANC to support the conclusion that the two comrades acted in an unethical manner,” the committee report read.
“The conduct of the PEC smacks of procedural unfairness and is a sufficient ground to vitiate the proceedings … Having had regard to the manner in which these cases were dealt with by the PDC and the demeanour of the chief provincial presenter, the NDC is of the view that justice will not be served by referring the case of comrade Khusela back to the PDC for re-hearing.”
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