THE ANC’s Tony Yengeni has written a complaint to the Judicial Service Commission (JSC) against Chief Justice Raymond Zondo over his remarks that President Cyril Ramaphosa’s election as ANC leader saved the country from “more damage”.
The complaint, made by Yengeni in his personal capacity, was sent to the commission on Friday over remarks that are included in the fourth instalment of the State Capture Commission’s report.
Yengeni, who is known to be a member of the ANC’s RET faction that supports suspended secretary Ace Magashule, took exception with the following quote: “Had it not been for the fact that at the end of 2017 the ANC would have an elective conference where Mr (Cyril) Ramaphosa – who was already deputy president of the ANC and the country – would stand as a candidate to take over from Mr (Jacob) Zuma, more damage could have been done to the National Treasury under Mr Gigaba than may have been done.”
Yengeni, an ANC national working committee member, said he was moved to make the complaint as comments like this had the potential to influence delegates at the upcoming national elective conference.
“When a chief justice, no less, says a candidate for the presidency of the ruling party saved the country from ‘more damage’, that political comment carries significant political weight with voting delegates and potential political donors,” Yengeni said.
Speaking to Weekend Argus yesterday, Yengeni said judges should refrain from taking sides in the outcomes of the ANC national conference as it cast aspersions on the integrity of those that did not win.
“The judiciary and the chief justice in particular must remain impartial when it comes to political developments in the country and in the ANC,” he said.
“It is not correct for any judge to associate themselves with any grouping or factions in any political party. The chief justice should withdraw his statement and apologise to South Africans.”
The JSC’s spokesperson Sesi Baloyi confirmed receipt of the complaint.
Yengeni said he would willing to settle this matter in a public debate.
Weekend Argus’ attempts to reach ANC spokesperson Pule Mabe and Zondo were unsuccessful.
Political analyst Theo Venter said Yengeni’s complaints about the comments contained in the Zondo report were ironic.
“Yengeni was in jail for corruption. His claim that Zondo’s statement on Ramaphosa saving the ANC from more corruption, is purely political and part of RET push-back in this ANC election year,” he said.
Another analyst, Dr Ralph Mathekga said: “I think Yengeni has no credibility to be taken seriously in attacking the chief justice, it’s desperate, certainly pressure will mount within the party as some seeks to (shield themselves) against possible prosecution.”
Gabriel Crouse from the Institute of Race Relations (IRR) also dismissed Yengi’s complaint. “There are serious concerns about whether the commission’s reports have been sufficiently tough on Ramaphosa’s role in state capture, but Yengeni’s complaint does not pass muster,” he said. “The commission’s brief necessitated that it take the unusual step of reporting on political controversy.”
Yengeni is no stranger for controversy, back in 2017 he was convicted and sentenced for drunk driving.