Africa-Press – South-Africa. ANC national executive committee (NEC) member Tony Yengeni is fighting his exclusion from the ANC leadership race, saying that in the “eyes of the law”, he doesn’t have any criminal convictions.
He sent an appeal letter to the party’s electoral committee, headed by Kgalema Motlanthe.
Over the weekend, the committee informed Yengeni that he was not eligible to stand for a leadership position at the party’s elective conference because of his criminal record.
The ANC’s electoral rules, which were adopted by the NEC, prevent members from contesting for a leadership position if they were convicted of crimes for which they sentenced to more than six months.
Yengeni pleaded guilty to fraud charges in 2003 and was sentenced to four years in prison. However, he only served four months in jail.
But he said his record of the conviction had been “expunged”.
In the appeal letter, Yengeni said he had applied for the expungement to the Department of Justice.
“After more than 10 years of the sentence, I applied to the director-general of the Justice and Correctional Services Department to expunge my criminal record. My application for expungement was accordingly approved,” he wrote.
He believes the rule is unfair because it applies retrospectively and said he had already served his punishment.
Yengeni said:
The electoral committee’s vetting process is still ongoing, with just days to go for the start of the conference on Friday.
News24 has been informed by those close to the committee that Yengeni’s appeal will be fast-tracked.
Last week, former social development minister Bathabile Dlamini threatened to sue the committee for her exclusion.
She was overwhelmingly nominated for a return to the NEC.
In an interview with Newzroom Afrika on Monday, she said her perjury conviction was a “minor” offence and that she should not be excluded from a leadership position.
News24 understands that the committee has also drafted letters for other ANC NEC nominees who have previous convictions.
Former ANC Youth League leader Andile Lungisa is expected to receive a letter.
Lungisa was convicted in 2018 of assault and sentenced to three years in prison. He was released on parole. The conviction relates to a 2016 incident in the Nelson Mandela Bay council when he smashed a jug on the head of DA councillor Rano Kayser.
Lungisa told News24 on Tuesday that he was yet to receive the committee’s letter but that he would appeal it once received.
The former councillor believes any charge outside of the ANC’s constitution should not count against members.
He said:
The committee is also expected to draft letters for ANC MP Bongani Bongo, who is facing fraud and corruption charges.
Another affected member is former deputy higher education minister Mduduzi Manana, who was sentenced to 12 months in prison or a fine for assaulting a woman.
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