Termination of ActionSA Membership.
Dear Ms. Molapo,
Background
My letter dated 9 March 2023, bears reference.
As you are well aware Abel Tau (“Tau”) had his membership terminated by the Party
for bringing the Party into disrepute, and ever since his termination of membership,
Tau has actively been running a campaign to bring the Party into disrepute. Tau has
been recording individuals, without their consent, and has placed said recordings
in a distorted fashion in the public domain in order to tarnish the Party’s reputation
and further his own narrative. Tau has subsequently started his own political party
the United Africans Transformation (“UAT”) in order to directly compete with
ActionSA and solicit its members and voter to his new political party.
It is important to note that Tau is currently suing the Party in the High Court of South
Africa, Pretoria Division.
Moreover, at the Council meeting, of the 28th of February 2023, wherein the
Municipal Council of the City of Tshwane Metropolitan Municipality elected the new
Executive Mayor and when it was revealed that the coalition candidate had been
unsuccessful Tau was recorded as dancing and celebrating the coalitions defeat.
On the 13th of February 2023, you posted an UAT event in the Tshwane Executive
WhatsApp group. The only logical conclusion for posting this event was to solicit
support for the event from ActionSA members.
On the 6th March 2023, there was a special Council meeting of the Municipal
Council for the City of Tshwane Metropolitan Municipality. All members of the
Tshwane caucus were instructed to submit a leave of absence. You did not do so
timeously as you were instructed and furthermore, you were seen on the morning of
the Council meeting at the Council building having a discussion with Tau. We have
been advised by an individual who overheard the discussion that Tau advised you
to urgently submit your leave of absence and leave the venue so as not to be seen
as associating yourself with him and furthering his agenda. The Party find the events
of the 6th of March 2023 rather disturbing as it indicates that you may very well be
engaging in conduct to specifically further Tau’s campaign to damage the image
of the Party.
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In addition, you have failed to discourage disparaging remarks about Herman
Mashaba on your Facebook timeline, instead of defending ActionSA and its due
process. This is untenable to ActionSA, and exacerbated by the fact that Tau has
participated in such support of disparaging remarks of ActionSA on your personal
Facebook page. You have failed to distance yourself from these remarks and have
recorded your undying love for Tau.
Your relationship to Tau and his continued campaign to damage the Party has
resulted in a material conflict of interest and an irretrievable breakdown in trust
between yourself and the Party.
It is critical to note that ActionSA has no issue with our members having relationships
with individuals from other parties. Notwithstanding this when members privy to
exceptionally confidential information and who hold senior positions in the Party use
said information and position to further the interest of a party hostile to ActionSA in
order to further a campaign to damage and discredit the structures of the Party and
the Party itself, renders such conduct unacceptable. Whilst ordinarily personal
relationships are irrelevant to the Party, however, your vociferous support and/or
association of Tau indirectly falls foul of the interim constitution of ActionSA.
In addition and prima facie it is clear that you have intimidated and/or harassed
members of your caucus in an attempt to destabilise the Party. You have further
purposely avoided the conclusion of the disciplinary process against you with
numerous dilatory tactics being employed. The threat is real, in circumstances when
it is obvious you are no longer loyal to ActionSA, that you will continue to utilise your
position and membership within ActionSA to gain support against the Party and in
benefit of Tau. Whilst ordinarily this would not concern us, we reiterate the fact that
we are litigating against Tau and in such circumstances your impartially is placed in
direct question. To prevent any further damage to ActionSA, and in volatile
circumstances ensuing in the City of Tshwane a continued relationship with ActionSA
and yourself is entirely untenable.
This is evident from the fear you have created in the remaining members of caucus
in the City of Tshwane. A political party cannot operate in an atmosphere of distrust
and dissention.
Interim Constitution of ActionSA
Clause 2.14.1 as read with 2.14.1.4 states as follows:
“2.14.1 A members’ membership may be automatically terminated on the
occurrence of the following events:
…………………
2.14.1.4 A member encourages member/s of the Party or the general public to
join, support and/or vote for another political party. ”
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Clause 2.14.1 as read with 2.14.1.7 states as follows:
“2.14.1 A members’ membership may be automatically terminated on the
occurrence of the following events:
…………………
2.14.1.7 A member, either acting individually or as a group, conspires to deliberately
disrupt or destabilise the Party, its structures or its activities. ”
Clause 2.14.1 as read with 2.14.1.8 states as follows:
“2.14.1 A members’ membership may be automatically terminated on the
occurrence of the following events:
…………………
2.14.1.8 A member egregiously brings the Party into disrepute.”
Conclusion
ActionSA is of the view that your aforementioned conduct and your continuous
association with Tau – who is actively campaigning to damage the Party- results in
an obviously deliberate attempt to disrupt and destabilise the Party and its
structures, to the detriment to the residents of Tshwane, whether intentionally or by
association.
Moreover, your continued and wilful association with Tau is viewed by the Party as
bringing the Party into egregious disrepute and your relationship and association
with Tau, in light and considered with your concerning conduct as set out above,
brings the Party into egregious disrepute. This considered with the lack of trust with
the remaining members of caucus and the Interim Senate has led to an absolute
and material breakdown of trust in ActionSA’ s relationship with you.
On the 12th of March 2023, the Interim Senate held an urgent meeting and
considered the circumstances. As a result of the materiality of all the factors
mentioned above the Interim Senate has resolved implement clause 2.14.1 as
read with clauses 2.14.1.4, 2.14.1.7 and 2.14.1.8 of the Interim Constitution and
hereby resolved to automatically terminate your membership from ActionSA.
As a result of your termination of membership you are no longer a councillor of
ActionSA, and you are not permitted to attend to any matters including attending
at Council on behalf of ActionSA.
Yours Faithfully
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Alistair Shaw
Chairperson of the Ethics and Disciplinary Committee
ActionSA
