It remains unclear if more ANC bigwigs implicated in state capture will face the full might of the law.
Former public enterprises minister Malusi Gigaba said he will remain loyal to the ANC, despite stepping aside from party activities.
He also said, unlike other former ANC members who faced corruption charges, he is not considering joining the uMkhonto weSizwe (MK) Party.
This comes after Gigaba appeared in the high court sitting in Palm Ridge on Tuesday. He and other former Transnet executives face fraud and corruption charges related to the procurement of locomotives intended to modernise and expand South Africa’s rail infrastructure.
A National Prosecuting Authority (NPA) statement said Gigaba also unduly benefited from his relationship with the controversial Gupta family. This came in the form of undisclosed cash payments.
The ANC announced that Gigaba had voluntarily stepped aside from all party activities while he deals with his legal battles.
He told The Citizen on Thursday that his choice to step aside from ANC activities does not mean that he is about to jump ship.
Some in the ANC still associate Gigaba with the Radical Economic Transformation (RET) faction of that party.
“I have no intention whatsoever of joining the MK party, my political home is the ANC and my commitment to the ANC remains firm and unwavering,” he said.
‘Love’ for the ANC
Gigaba said his decision to step aside was made out of respect and discipline. He said this does not imply that he will leave the party. He maintains he is innocent.
“My loyalty, my work, my political identity remains with the ANC,” he said,
Gigaba said he voluntarily stepped aside in strict compliance with the ANC constitution and in alignment with the ANC’s 55th national conference resolutions on organisational renewal.
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The contradictions around the step aside rule
According to the ANC, the step aside principle exists to protect the organisation’s integrity, uphold public trust and ensure that members facing legal processes do not place the organisation in disrepute.
But some have described the step aside rule as being used for the parties’ factional battles. Former secretary-general Ace Magashule claimed that this rule had been used against those who opposed the CR17 camp.
Will Gigaba jump?
Theo Neethling, a political analyst from the University of Free State told The Citizen that Gigaba’s political career in the ANC is at risk.
“The ANC has framed Gigaba’s decision to step aside as “principled and voluntary, taken without prompting, but the subtext is clear: his future within the party is increasingly bleak.
“Yet in South African politics, nothing is ever truly off the table. It is conceivable that Gigaba may gravitate toward the MK party – after all, since 2024, we have already seen the swearing in of several individuals implicated in state capture as members of parliament under its banner,” he said.
Is Gigaba being singled out?
While other ANC bigwigs have been implicated in state capture by the Zondo Commission of Inquiry, Neethling believes Gigaba does have a case to answer.
“I do not believe Malusi Gigaba is being targeted – the facts simply do not support that narrative. During the state capture commission led by former chief justice Raymond Zondo, Gigaba was consistently painted as one of the Gupta ministers, a label he has spent years rejecting.
“Yet the allegations have followed him into the present: Gigaba now faces corruption charges linked to the controversial multibillion-rand Transnet locomotive tenders, where certain companies allegedly secured contracts only after paying kickbacks to Gupta-linked entities.
“It is crucial to note that Gigaba is far from alone. In this particular case, he appeared before the Palm Ridge Specialised Commercial Crime Court alongside a roster of high-profile co-accused: former Transnet CFO Anoj Singh, former group CEO and now MK party MP Brian Molefe, former chief procurement officer Thamsanqa Jiyane and Siyabonga Gama.
“The state alleges that while serving as minister of public enterprises, Gigaba accepted undisclosed cash payments from members of the Gupta family – payments allegedly corrupt in nature and for which he had no lawful entitlement. Given the scale of state contracts handled by the DPE and the weight of the evidence presented, this matter must be tested properly in a court of law,” he said.
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