Carl Niehaus expelled from ANC for Zuma arrest antics

The ANC national disciplinary committee (NDC) has expelled former ANC spokesperson Carl Niehaus after a disciplinary hearing where he “failed to show remorse”.

The ex-Umkhonto we Sizwe member was charged with six counts of misconduct and “foreign” ANC behaviour, after public remarks he made during and after the arrest of former president Jacob Zuma last year for contempt of court for refusing to appear at the Zondo commission of inquiry.

According to the NDC, it was unlikely Niehaus could be rehabilitated, hence the harsh sentence of expulsion.

The charges included comments he made on July 2 2021 outside KwaDakwadunuse, Nkandla, outside Zuma’s home.

Niehaus told media live on national TV that “the ruling of the Constitutional Court is a travesty of justice. President Zuma’s legal problems were caused by political factionalism and shenanigans between state authorities, especially the NPA and some politicians within the ANC”.

Two days later, Niehaus made further public statements, saying “no-one can let Msholozi go to jail, never”.

On June 29, Niehaus attacked the judiciary, saying “our courts have clearly been captured. We are living in a dictatorship of the judiciary and the courts have become a tool for factional political battles to target certain politicians, while others are let off the hook”.

The NDC found Niehaus’s behaviour to have brought the ANC into disrepute and his lack of remorse did not do him any favours.

“The NDC is of the view that the charges for which the member has been found guilty are very serious. As such, the member’s plea that he be sanctioned with a reprimand, if found guilty, is wholly inappropriate.

“The member showed no remorse and persisted with his view that the ANC was acting in violation of its constitution and his rights by disciplining him,” the NDC said.

“The NDC is of the view that the interests and integrity of the organisation warrant protection and the interests of the individual member is subservient to the interests of the organisation.

“Niehaus is expelled from the ANC.”

Niehaus said on Monday he had already appealed the decision.

“Because I have appealed, the farcical suspension is suspended,” Niehaus said in a post on Twitter.

In his notice of appeal, Niehaus’s legal papers state Niehaus will present the grounds of appeal within seven days.

Niehaus also posted a video where he said it was evident he was being subjected to a “kangaroo court” with a predetermined decision having been taken.

“It was evident there was never any intention to provide me with a proper hearing to allow justice to prevail. I have no other option but to immediately appeal this ridiculous vindictive sentence.”

Niehaus said he had received a phone call from one of his close comrades Supra Mahumapelo informing him about his expulsion.

“I have not received the letter per se. This letter was sent out into the public domain by that kangaroo court that calls themselves the national disciplinary committee.

“It is unacceptable that any person who is personally affected by such a ridiculous decision must hear about this on social media.”

Niehaus said he had been subjected to persecution by the disciplinary committee and regarding what he said on behalf of Umkhonto we Sizwe Military Veterans Association (MKMVA) that the court’s decision was illegal and indicated that the judiciary was captured.

“This was a decision taken formally by the [national executive committee] of the MKMVA. As spokesperson, I was given an instruction to travel to Nkandla and deliver that message to President Jacob Zuma and to hold a public press conference and make the views of the MKMVA known,” Niehaus said.

He said he carried out his duties diligently. “In the meantime, I noted there were several senior members of the ANC, which included chair of ANC Gwede Mantashe, comrade Lindiwe Sisulu, even Fikile Mbalula and many other members of the ANC’s NEC, who had made stronger statements over the years of stating that our judiciary is acting wrongly and is captured. Yet none of these persons have been charged and challenged for those utterances.”

Niehaus is the third member of the ANC’s so-called RET faction to suffer a devastating political blow, after Bathabile Dlamini and Tony Yengeni were disqualified from standing for NEC re-election in the December 16-20 national conference owing to their past criminal convictions. 

TimesLIVE