The African National Congress (ANC) group that applied unsuccessfully to the Johannesburg High Court to have the party’s imminent conference postponed would appeal the decision, their lawyer said on Thursday.
”We are definitely going to appeal,” said Votani Majola, adding that he would also approach the secretary general of the ANC to make a resolution to its national executive committee that it be postponed.
The ANC’s lawyer, Siyabonga Mahlangu, said the application was ”absolute heresy”.
He said: ”It is unnecessary and ill-disciplined of an ANC member [Majola] who claims to have grown up in the ANC. It’s scurrilous.”
Earlier, the court dismissed with costs the urgent application made by Majola, who wanted a six-month postponement to ”level the playing field”.
He said hostility, acrimony and mud-slinging within the party would affect the outcome of the conference.
He said the rights to freedom of expression and political expression were being violated or infringed.
In his judgement, Judge Hilton Epstein said Majola had not been able to prove that these rights had been violated.
He said it was not the court’s role to play a part in political matters.
‘Climate of intimidation’
Infighting in the ranks of the ANC had prompted his bid to have the party’s upcoming national conference postponed, the Majola told the court.
Majola contended in court that ”hate speech has gone out of control” in the run-up to the event later this month.
”There is a climate of intimidation and harassment … If the political climate is not conducive for elections to take place … those elections should be postponed,” he said.
Majola, also the treasurer of the ANC’s Sandton branch, said hostility, acrimony and mud-slinging would affect the outcome of the conference.
The branch, however, has distanced itself from Majola’s action, saying it had not been aware of his application.
Majola, the treasurer of the Sandton 103 ANC branch, who was also representing an undisclosed number of countrywide ANC members, told the court there would be irreparable harm if the conference was not postponed as violence would erupt.
Majola based his application on the violation and infringement on members’ constitutional rights to freedom of expression and political expression.
Epstein said to his knowledge, no member of the ANC had sought relief for rights infringement from the court.
Epstein said, in his view, the conflict resolution channels in the ANC had not been exhausted. — Sapa