The ANC's Andile Lungisa has lodged an appeal with the party’s national conference regarding his September 7 suspension by its national disciplinary committee (NDC).
After the release of the NDC outcome report, the treasurer-general hopeful applied for it to be reviewed by the NEC.
Lungisa, in the notice of appeal, said a review of the decision is allowed in terms of the party's constitution.
The rules state that the NEC may, "in its discretion, review any decision taken by any of the disciplinary committees (if it was the final arbiter) to ensure procedural fairness has been afforded to the charged member, appellant or applicant for review, as the case may be".
This appeal follows Lungisa's high court bid to have a two-year suspension set aside. It was dismissed on Thursday.
He sought interim relief after the party's Eastern Cape provincial executive committee (PEC) recently announced that his membership had been suspended until September 6 2023.
Lungisa’s appeal says: "If the NEC finds procedural fairness has not been afforded to the charged member, appellant or applicant for review, as the case may be, the NEC shall refer the matter back to the appropriate disciplinary committee, for rehearing."
He accuses the ANC's Eastern Cape provincial secretary of orchestrating his removal and suspension, knowing the appeal outcome was being reviewed by the NEC.
Lungisa adds that the Eastern Cape PEC was notified of the review.
“His actions are unlawful, illegal and unconstitutional. There is no rule allowing for the PEC to act on a matter pending before the higher structure, the NEC. The aim was to eliminate me, to remove me as a PEC member, to remove me as branch delegate to the national conference and to deny me the rights guaranteed in terms of rule 5 of the ANC constitution,” Lungisa said.
He added that the secretary-general's office noted his complaint, but is yet to make a decision on the issue.
The matter emanated from Lungisa allegedly defying the ANC in the province after being asked to resign following his conviction in 2018 for smashing a water jug over the head of a fellow councillor.
Lungisa was sentenced to three years in jail, with one year suspended. He was released on parole after serving less than two months.
Eastern Cape party bosses, however, resuscitated the matter and suspended Lungisa after he expressed the intention to contest the position of party treasurer.
He approached the high court on an urgent basis.
The terms of his latest suspension state he is, among other things, not allowed to represent the ANC in any capacity, which is proving to have severe consequences for his hopes of becoming treasurer-general.
Lungisa was nominated at number 10 among the top 200 candidates to contest for 80 additional NEC positions, receiving 1,013 branch nominations. This places him in pole position to make the NEC list should he not get the treasurer-general position.
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