No legal reps for ANC members implicated in setting up rival parties

Legal representation will not be allowed for ANC members implicated in helping establish small parties ahead of the recent general elections.

The same rule will apply to witnesses called before party's ad-hoc committee investigating the claims.

This is according to the terms of reference for the committee - led by former ANC deputy president Kgalema Motlanthe - as written by ANC secretary-general Ace Magashule.

Magashule is one of the ANC leaders alleged to have been involved in the formation of the African Transformation Movement (ATM).

Magashule also announced that his office will offer support to the Motlanthe committee, including on "the procurement of witnesses".

The terms of reference also revealed that those who appear as witnesses before Motlanthe's committee will be compelled to be witnesses any in other or subsequent related disciplinary cases.

"Evidence shall include but shall not be limited to any document, affidavit, video, sound recording or oral testimony," wrote Magashule.

"Legal representation shall not be permitted. Subject to the principle of natural justice, the rules of evidence applicable in a court of law need not be strictly applied to the determination of admissibility of evidence.

"Any implicated member of the ANC may cross-examine the witnesses implicating him or her, lead evidence to rebut the evidence implicating him or her, and call any witness whose evidence could be relevant to rebut the evidence implicating him or her ...

"The proceedings of the independent team shall be held in camera [and] witnesses will be required to take the prescribed oath or make an affirmation before testifying."  

Motlanthe and his team have been given two months to complete their work, with the option of an extension should it be necessary.