Mbulelo Goniwe

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(see below). [20] The outcome of the process was Goniwe's expulsion from the ANC, and therefore from his parliamentary seat and from the Chief Whip's office, on 14 December 2006. [21] His seat in Parliament was filled by Henry Fazzie [8] and he was succeeded as Chief Whip by Isaac Mogase. [22]

Nicholas Dawes of the Mail & Guardian suggested that Goniwe's junior colleagues in Parliament did not support him during the sexual harassment scandal – and even actively publicised the charges against him – because of their "animosity" towards him, arising from his role in enforcing the ANC's response to Travelgate. [23] Goniwe said that "people have been actively mobilised in a vilification campaign against me" as part of a "conspiracy" linked to the ANC's upcoming provincial elective conference: Goniwe had been nominated by powerful regional branches to stand for election as ANC Provincial Secretary in the Eastern Cape. [24] He ultimately withdrew his candidacy before the conference took place in December 2006. [25]

Sexual harassment charges

Initial hearing: 2006

In mid-November 2006, the Sunday Times reported that a 21-year-old administration assistant had accused Goniwe of sexual harassment after an incident at his house in Acacia Park during a dinner party on 25 October. She alleged that he had asked her to have sex with him and, when she refused, had told her, "I thought you were a real Xhosa girl. How can you say no to your chief whip as if I am an ordinary man?" [26] [27] The woman reported him to the Speaker of the National Assembly and to the chairperson of the ANC's parliamentary caucus, Vytjie Mentor. [26] She told the press that she had received threatening phone calls, demanding that she drop her complaint, since she first reported the incident to an ANC official. [26]

After the allegations were published, the ANC Women's League called publicly for Goniwe's immediate suspension, pending an investigation. [28] He took sick leave and then was placed on extended special leave on 16 November 2006, after the ANC's internal National Disciplinary Committee (NDC) announced that there was prima facie evidence against him and that an internal disciplinary hearing was therefore warranted. [20] The hearing was conducted by the NDC, which was chaired by Kader Asmal and also included Geraldine Fraser-Moleketi, Susan Shabangu, and Luwellyn Landers. [27]

On 14 December 2006, the NDC concluded that Goniwe's evidence was unreliable and that, though he had not made physical contact with the complainant, he had made "overtures, inducements concerning sexual gratification". [21] The NDC therefore found him guilty of abusing his office to obtain sexual advantage and of bringing the ANC into disrepute through unbecoming behaviour. He was acquitted of a third charge of provoking serious divisions in the ANC. [21] [27] As punishment, he was expelled from the party and forbidden to represent the ANC publicly for three years. [21]

Disciplinary review: 2007

On 19 May 2007, the ANC's National Executive Committee said that it had reviewed the disciplinary process and had found it to be "procedurally flawed". [29] Goniwe's membership would therefore be reinstated until the hearing was re-run, [29] though he was not restored to his parliamentary seat. [8] The second disciplinary process was chaired by Laloo Chiba and Mosiuoa Lekota. [30] Goniwe was perceived as among the "strongest allies" of President Thabo Mbeki, [31] and Mbeki's critics claimed that the President had intervened to obtain, and then to prolong, the disciplinary review, aiming to ensure that Goniwe would remain a party member long enough to support Mbeki at the ANC's 52nd National Conference in December 2007. [30]

However, the disciplinary process was concluded shortly before the party conference, on 23 November, and Goniwe's conviction on both charges was upheld. [31] His membership of the ANC was suspended for three years, but that sentence was itself suspended for three years, meaning that Goniwe's membership was conditionally reinstated; however, he would not be allowed to hold public office or represent the ANC publicly for three years. [31] He was also sentenced to provide one year of service to the ANC Women's League, performing "such useful tasks as determined and assigned to him" by the league. [31]

Aftermath

In November 2011, Goniwe told the press that he had served his disciplinary sentence in full and was a businessman and ordinary ANC member in Cradock. [32] His lawyers also said that he had won a lawsuit against the ANC in a default judgement, receiving damages of R1.2 million to compensate for his loss of income after his dismissal on what he perceived as "prejudiced and unfair" grounds. [32] The amount had apparently been increased to R1.7 million after the ANC failed to pay it on time. [33]

Personal life

In October 2006, it was reported that Goniwe was being sued for unpaid child maintenance in respect of two children he had fathered with a teacher in Queenstown, Eastern Cape. [14] That court action continued while Goniwe was facing the sexual harassment charge, [34] and in July 2007 a warrant of arrest was issued after he failed to appear at a maintenance hearing. [35]

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References

  1. 1 2 "General Notice: Notice 1319 of 1999 – Electoral Commission: Representatives Elected to the Various Legislatures" (PDF). Government Gazette of South Africa . Vol. 408, no. 20203. Pretoria, South Africa: Government of South Africa. 11 June 1999. Retrieved 26 March 2021.
  2. 1 2 "The shadow of Goniwe in the era of De Klerk". The Mail & Guardian. 21 September 1989. Retrieved 23 April 2023.
  3. ↑ "Kak praat". The Mail & Guardian. 12 October 2006. Retrieved 23 April 2023.
  4. ↑ Hiltzik, Michael (2 August 1992). "Evidence of Government Assassinations Resurrects Painful Memories:". Los Angeles Times. Retrieved 23 April 2023.
  5. ↑ Smith, Tymon (26 July 2021). "Calata's last stand for the Cradock Four". New Frame. Retrieved 23 April 2023.
  6. ↑ "TRC Final Report Volume 3, Section 1". Truth Commission Special Report. Retrieved 23 April 2023.
  7. ↑ "Minutes of proceedings of the Constitutional Assembly" (PDF). Department of Justice and Constitutional Development. 24 May 1994. Retrieved 2 April 2023.
  8. 1 2 3 "National Assembly Members". Parliamentary Monitoring Group. 15 January 2009. Archived from the original on 14 May 2009. Retrieved 8 April 2023.
  9. ↑ "An end to the 'Irish coffee' workforce". The Mail & Guardian. 14 June 2002. Retrieved 23 April 2023.
  10. 1 2 "ANC reshuffles top party officials". The Mail & Guardian. 25 June 2004. Retrieved 23 April 2023.
  11. ↑ "ANC man to head key fiscal watchdog". The Mail & Guardian. 6 May 2004. Retrieved 23 April 2023.
  12. ↑ "ANC whip's Travelgate link 'questionable'". IOL. 29 May 2006. Retrieved 23 April 2023.
  13. ↑ "Travelgate: MPs to out ANC big fish". The Mail & Guardian. 6 October 2006. Retrieved 23 April 2023.
  14. 1 2 "Goniwe hides in Parliament". The Mail & Guardian. 13 October 2006. Retrieved 23 April 2023.
  15. ↑ "Tony Yengeni: Struggle veteran to flawed politician". The Mail & Guardian. 13 August 2013. Retrieved 23 April 2023.
  16. ↑ "ANC bigwigs turn out at Yengeni's send-off". The Mail & Guardian. 24 August 2006. Retrieved 23 April 2023.
  17. ↑ "Yengeni swaps jails after big lunch". The Mail & Guardian. 25 August 2006. Retrieved 23 April 2023.
  18. 1 2 "MPs who tried to cover their assets". The Mail & Guardian. 3 September 2004. Retrieved 23 April 2023.
  19. 1 2 "'Your business is our business'". The Mail & Guardian. 19 November 2004. Retrieved 23 April 2023.
  20. 1 2 "Goniwe placed on extended 'leave of absence'". The Mail & Guardian. 16 November 2006. Retrieved 23 April 2023.
  21. 1 2 3 4 "ANC expels chief whip for sexual harassment". The Mail & Guardian. 14 December 2006. Retrieved 23 April 2023.
  22. ↑ "Massive Parliament reshuffle". The Mail & Guardian. 30 August 2007. Retrieved 23 April 2023.
  23. ↑ Dawes, Nic (2 October 2008). "Why Mbete?". The Mail & Guardian. Retrieved 23 April 2023.
  24. ↑ "ANC chief whip faces five-cow fine". The Mail & Guardian. 24 November 2006. Retrieved 23 April 2023.
  25. ↑ "Stone Sizani named as Eastern Cape ANC leader". The Mail & Guardian. 3 December 2006. Retrieved 23 April 2023.
  26. 1 2 3 "ANC to discuss chief whip sex harassment claim". The Mail & Guardian. 12 November 2006. Retrieved 23 April 2023.
  27. 1 2 3 "Sex pest Goniwe booted out of ANC". The Mail & Guardian. 14 December 2006. Retrieved 23 April 2023.
  28. ↑ "ANC Women's League calls for Goniwe's suspension". The Mail & Guardian. 13 November 2006. Retrieved 23 April 2023.
  29. 1 2 "Goniwe to get new ANC hearing". The Mail & Guardian. 19 May 2007. Retrieved 23 April 2023.
  30. 1 2 "Sex pest is Mbeki ally". The Mail & Guardian. 17 October 2007. Retrieved 23 April 2023.
  31. 1 2 3 4 "ANC sex pest found guilty — again". The Mail & Guardian. 24 November 2007. Retrieved 23 April 2023.
  32. 1 2 "Malema could learn from ex-chief whip's rebound tactics". The Mail & Guardian. 25 November 2011. Retrieved 23 April 2023.
  33. ↑ "ANC paid sex pest Goniwe R1.7m, says report". The Mail & Guardian. 13 November 2013. Retrieved 23 April 2023.
  34. ↑ "ANC's year of shame". The Mail & Guardian. 21 November 2006. Retrieved 23 April 2023.
  35. ↑ "Goniwe fails to appear at maintenance hearing". The Mail & Guardian. 22 July 2007. Retrieved 23 April 2023.
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Mbulelo Goniwe
Chief Whip of the Majority Party
In office
June 2004 –14 December 2006