Embattled ANC MP Makhosi Khoza on Tuesday argued that there was no jurisdiction by the party's KwaZulu-Natal branch over her social media comments.
Khoza was charged by the province's executive committee on two counts of alleged ill-discipline and misconduct for comments made against the party on her personal Facebook page,and remarks she made at an event in Johannesburg where she publicly called for President Jacob Zuma to step down.
In her latest Facebook post, Khoza attached a letter she wrote to Human Settlements MEC and ANC KZN chief provincial presenter Ravi Pillay.
Khoza quotes the ANC's constitution, which states disciplinary proceedings would normally be conducted before a committee at the level where the alleged violation or misconduct took place, namely the branch, region, provincial or national level.
"It is common cause that all the Facebook postings in issue were written outside the jurisdiction of KZN province...The provincial disciplinary committee (PDC) of the ANC in my beloved province has no requisite jurisdiction to preside over this matter," she said."Equally, the chief provincial presenter has no requisite authority to institute disciplinary proceedings against me with respect to the Facebook postings because neither the alleged violation nor misconduct took place within the area of his jurisdiction."
Khoza argued that her comments asking for Zuma to step down were made in Johannesburg and are in line with a "repeated public plea" made by veterans of the ANC, alliance partners and other current NEC members.
She argues that the party's constitution provides that disciplinary proceedings may not be used as a means of stifling debate or denying members their basic democratic rights.
"I understood my public statements, either in Facebook postings or public platforms to be statements shared in pursuit of exercising my basic democratic right to freedom of expression. In any event, the call for the resignation of the President of the Republic, is a public debate at national level which is routinely debated by members of the ANC and the public at large," she said.
Khoza also requested a copy of the details for the PEC's resolution to charge her as well as a copy of the attendance register of members who were present when the decision was taken.