Former African National Congress (ANC) Veterans' League spokesperson Carl Niehaus has been expelled from the ANC.

The ANC’s national disciplinary committee (NDC) found Niehaus guilty of six charges of misconduct.

The charges are in connection with comments Niehaus made in July outside former president Jacob Zuma’s residence in Nkandla, northern KwaZulu-Natal, where he protested against Zuma’s incarceration for being in contempt of the Constitutional Court.

In a letter dated 12 December 2022, ANC NDC chairperson Ralph Mgijima cited Niehaus’ disparaging remarks against the judiciary as having led to him being charged by the party.  

Niehaus had called the Constitutional Court's ruling "a travesty of justice”. 

“The flimsy report of the state capture report of the Public Protector was used to force president Zuma to announce the state capture commission eventually. President Zuma did not want to do so of his own volition,” Niehaus said.  

According to the findings, Niehaus also said, “The law is being used selectively as an instrument to fight political and factional battles.”

In his defence, Niehaus argued that the utterances were made while executing an order of the Umkhonto we Sizwe Military Veterans' Association as its national spokesperson.  

He also argued that the ANC does not have a policy on what utterances may not be made against the judiciary. 

The NDC, however, indicated that the ANC’s national executive committee (NEC) in 2018 supported the establishment of the state capture commission under then Deputy Chief Justice Zondo and called on all ANC members to give full cooperation to the commission and respect its recommendations. 

Mgijima also highlighted that on 29 June 2021, ANC national spokesperson, Pule Mabe, reiterated the ANC’s position on the Constitutional Court judgment when he said that although the party was going through a difficult period, the party “reaffirmed its commitment to upholding the rule of law and fulfilling the aspirations of our constitutional democracy”.  

ANC member Fikile Mbalula was among party leaders who testified against Niehaus. However, his testimony was later not given any consideration when passing judgment as the accused was not afforded the opportunity to cross-examine him.  

Niehaus brought former MKMVA treasurer-general Des van Rooyen to give testimony on his behalf.  

In his findings, Mgijima said the committee believed that the charges for which Niehaus had been found guilty were severe. 

“As such, the charged member’s plea that he be sanctioned with a reprimand if found guilty is wholly inappropriate." 

The NDC resolved that “the charged member [Niehaus] is expelled from the ANC".

In handing down such a hash ruling, Mgijima said the NDC had taken into consideration that the utterances were made by Niehaus “at a time when the circumstances surrounding the arrest and subsequent committal to prison of former president Zuma was very volatile as evidenced by the subsequent riots which took place in KwaZulu-Natal and parts of Gauteng and resultant loss of life and limb and damage to and loss of property”.

The NDC found that Niehaus had not demonstrated any remorse and persisted in his view that the ANC was violating its constitution and his rights by disciplining him.

“The NDC took into consideration the fact that the charged member is a senior and long-standing member of the ANC, had served a term of imprisonment for his political beliefs, and held strong and sometimes contrary views on the policies of the ANC and positions adopted by the NEC from time to time."

Niehaus was not immediately available for comment.