African Nationals Congress’s Ngrayi Ngwenya will now face charges following his failed legal challenge of his suspension from the organisation.
Sources within the ANC confirmed with Ziwaphi – The New Era that Ngwenya will face the ANC’s Disciplinary Committee scheduled for today and tomorrow.
Last week, ANC national spokesperson, Dakota Legoete, also confirmed that Ngwenya failed in his legal bid to have the court set aside his charge sheet and temporary suspension by the organisation.
“Ngwenya lost his urgent application in the South Gauteng High Court (on Tuesday). He had applied to court to set aside his temporary suspension and to set aside his charge sheet on his assault charge instituted by the ANC,” said Legoete.
His failure means that he will have to appear before the National Disciplinary Committee.
“The ANC National Disciplinary Committee will be hearing his case and that of Nkuna,” said Legoete.
(Phindile) Nkuna is the former regional treasurer of the ANC in Ehlanzeni region which the ANC’s National Executive Committee (NEC) disbanded together with Bohlabela region to form one region.
Some of the ANC leaders in Ehlanzeni, however, have been resisting the amalgamation of the two regions.
Videos circulating on social media have been showing Pat Ngomane, Bheki Lubisi, Phazamisa Mathe, and Pholoso Mbatsane objecting to the dissolution of Bohlabela and Ehlanzeni to create a Regional Task Team (RTT).
ANC’s provincial spokesperson, Sasekani Manzini, had previously committed that the PEC meeting would be “discussing matters affecting the ANC which happened post the previous PEC meeting like the allegations you are levelling of comrades who are discrediting the RET if such has ever happened and definitely receive reports (sic) on the many issues you are enquiring about. Once that PEC has sat, we will surely bring members of the ANC and the community at large into confidence,” said Manzini at the time.
At least one PEC meeting is believed to have taken place in August 2019, however, Manzini has been failing to respond to media enquiries ever since.
The ANC National Executive Committee (NEC) suspended Ngwenya and Nkuna on 29 July 2019 following an incident during a regional general council which was scheduled for the 17 July 2019 at Mbombela, which Ngwenya and Nkuna allegedly disrupted.
They allegedly attacked Mpumalanga MEC for culture, sports and recreation, who is also the acting provincial secretary of the ANC, Lindiwe Ntshalintshali.
Ntshalintshali confirmed last month to Ziwaphi that she had opened a criminal case against Ngwenya.
At the time, police spokesperson, Brig. Leonard Hlathi also confirmed that two criminal cases had been opened with the police, but declined to confirm that Ngwenya was implicated as he had neither been arrested nor charged and thus could not be named.
“There are two cases of assault which were registered, one by the police and the other by the MEC, I mean if you only refer to the Nutting House incident,” said Hlathi at the time.
Nutting House was is the venue where the alleged altercation took place.
When asked about progress in the matter, Hlathi said that the police were still investigating the cases and that they have been handed over to provincial detectives.
“Both cases are common assault – they’re being investigated for now. The investigation is still not finished. That will be informed by the investigation by the provincial detectives,” he said.
Hlathi denied allegations that provincial detectives make cases disappear, and that police management can decide the level at which cases must investigated.
“We are tasked with police management in the province. We as the police management have the prerogative to decide where a case should be investigated. It has nothing to do with the importance or lack of in the cases, but I cannot divulge reasons (why the matter is handled by provincial detectives).
Hlathi added that all cases are viewed as serious.
He defended the delay in finalising the investigation of the case that Ntshalintshali reported. Neither was he prepared to say how long it would take to finalise the investigation.
“It’s not a bit long. There’s no specific time frame for any case to be investigated. It’s not only – we are also guided by the NPA. It is our view that the cases should be investigated effectively. We take to court cases that are court ready,” he said.
Ngwenya is a convicted serial criminal who has at least five convictions on assault, but is yet to spend time in prison. His last conviction was for the assault of EFF provincial leader, Collen Sedibe. Sedibe was dismissed from the ANC when he refused to withdraw the criminal charges against Ngwenya.
Both the ANC’s regional executive committee (REC) in Ehlanzeni and the provincial executive committee failed to take action against Ngwenya following his conviction.
Then ANC provincial secretary, Lucky Ndinisa said the REC wold take action, while then Ehlanzeni regional secretary, Pat Ngomana, claimed that he had not received any report about Ngwenya’c conviction. Six years later, no action has ever been taken against Ngwenya.