Marius Fransman is in limbo.
The Western Cape’s ANC chairman resigned from the Provincial Legislature last week after refusing to answer questions about multi-billion rand mismanagement allegations.
He is still sidelined as provincial leader, according to the ANC.
And now his attempt to have ANC disciplinary action against him quashed as well as declare his “illegal suspension” unconstitutional has failed.
The Daily Voice is in possession of a ruling by the African National Congress’ National Disciplinary Committee of Appeals [NDCA] following Fransman’s application earlier this month.
On January, 28, the ANC’s National Working Committee (NWC) asked Fransman to step aside until a decision was made regarding sexual harassment charges made against him by Louisa Wynand, 21, following a trip to the ANC’s 104th birthday celebration in Rustenburg in January.
In his application to the NDCA, Fransman argued that according to the ANC’s Constitution, a temporary suspension should lapse after 30 days if no formal charges are brought.
He argued the suspension was invalid as the ANC only charged him in August, seven months after he was asked to step aside.
Fransman, the Western Cape ANC chairman, was charged with bringing the party into disrepute.
However, in their ruling, the NDCA found that the NWC acted “in the best interest of the ANC” and were within the legal parameters of the party’s constitution.
And because Marius was asked to “step aside”, and was not “temporarily suspended”, the rule he was quoting did not apply to him, and he must still face the music.
But Marius says he took his “illegal suspension” before the NDCA to get clarity on his standing, and that the ruling was a victory for him.
“I have been vindicated by the NDCA that I am not suspended, we will systematically unbundle the lies told about me,” he says.
Provincial ANC spokesperson Jabu Mfusi says the leaked report is an example of divisions troubling the party in the province.
“After the municipal elections, we were embarrassed in the City and across the province,” he says.
“As far as I understand, the NDCA referred Marius back to the NDC and representatives were here in the last three days to talk him through what will happen in future and I understand there was an amicable decision.”