Umkhonto we Sizwe Military Veterans Association spokesperson Carl Niehaus has been given between 10am and 11am on Friday to collect his personal belongings at Luthuli House after being summarily dismissed by the ANC on Thursday.
In the letter signed by the party’s general manager Febe Potgieter, Niehaus was told he had “not provided any cogent reasons for the ANC to arrive at any conclusion other than that the employment relationship between you and the organisation has completely and irretrievably broken down”.
The letter reads in part: “You have the right to appeal your dismissal within seven working days from date of this letter by filing a Notice of Appeal and concisely setting out the grounds of the appeal.
“The appeal can be sent to the office of the general manager electronically. Should you decide to appeal, you may be accompanied by a fellow employee to assist you at the appeal hearing.”
In an uncompromising reply to the ANC’s threat to summarily dismiss him, Niehaus described the move as “draconian”.
In the lengthy letter he wrote to Potgieter, he stated clearly that its planned action against him was wrong.
“The threat to terminate my employment with the ANC without further notice and without a disciplinary hearing is
illegal,” he wrote.
“The short notice of a mere two-and-a-half hours to provide reasons why I should not be dismissed summarily is draconian and most unreasonable. It is contrary to all the law of natural justice. It is my contention that this is constructive dismissal.”
Niehaus told Potgieter that the party violated the Unemployment Insurance Fund Act, the Pension Act, the Pay as You Earn regulation and income Tax Act.
He reiterated his concern about the salary issue and its devastating effect on the ANC staff.
And he did not deny having issued a statement on Wednesday stating his intention to lay charges of theft, corruption and various statutory crimes against the ANC.
He claimed it was issued in his personal capacity. The ANC has accused Niehaus – a vocal opponent of President Cyril Ramaphosa and the national executive committee – of being divisive and displaying “opportunistic” anti-ANC behaviour.
“Carl’s behaviour and utterances are consistently directed at undermining and disrespecting the 54th ANC national conference leadership collective under President Comrade Cyril Ramaphosa,” spokesperson Pule Mabe said.
– Additional reporting Amanda Watson