The Pretoria High Court has postponed an African National Congress (ANC) bid for an urgent court interdict to stop the use of the name ”South African National Convention [SANC]”, the party said on Friday.
It said the court did not make a finding on the merits of the application brought on Friday afternoon, and postponed the matter to Thursday next week.
”The judge indicated that the Independent Electoral Commission should be joined in the case. Should a new party be formed at this weekend’s convention, they too should be joined,” the ANC said in a statement.
”The judge nevertheless commented that the applicant, the ANC, may well have grounds for concern over the possible use of such a name by the respondents.”
Mbhazima Shilowa, co-organiser of the national convention by an ANC breakaway group, earlier told reporters in Johannesburg the ANC was trying to stop the event.
”They are interdicting [so] that we can’t go ahead with the national convention because they say we can’t use their name,” said Shilowa as delegates registered ahead of Saturday’s convention in Sandton.
However, when approached for comment, the ANC said it was only applying to stop the use of the name and did not want to stop the convention.
”The interdict is only against the name,” said ANC spokesperson Jessie Duarte.
”The ANC is not vindictive,” she said, adding that the organisers were being mischievous.
Shilowa said he, former ANC chairperson Mosiuoa Lekota — who resigned from the party on Friday — and former deputy defence minister Mluleki George received simultaneous SMS messages early on Friday afternoon informing them of the application to the Pretoria High Court at 3.30pm.
They had just been told that Lyndall Shope, Director General in the Communications Department, had resigned from the ANC national executive committee and the party when they received the news.
They rushed around to find the court papers and confirmed this.
During the question-and-answer session, Shilowa was told that the ANC denied trying to stop the convention.
”I think you can ask them for the court papers. It is a matter of public record,” he replied.
Shilowa said the convention organisers regarded the application as an abuse of the courts and questioned why the application was made the day before the conference.
He said it had only been media speculation that the splinter group intended using the name SANC if they registered as a political party. They had never said so themselves.
He said that had they registered it with the IEC, that would be the correct body to approach and there was a 21-day period in which to do so.
Challenging the name was ”laughable”, as the South African Nursing Council could also enter the fray.
Asked if he would abide by the court’s decision, Shilowa said it would not be right to ignore the courts, given that respect for the rule of law would be on the agenda over the weekend.
The ANC expressed satisfaction with the outcome of its urgent application.
”The ANC is satisfied with this outcome. By bringing this application, the ANC has asserted its legal rights and made the important point that its trademark, name and identity cannot be appropriated to serve other people’s political aspirations.”
The party said the application ”specifically refers to the names South Africa National Congress and/or South Africa National Convention and/or SANC”.
”Claims that the ANC has brought an application to prevent the holding of a national convention are untrue and completely without any basis in fact,” the ANC said.
Meanwhile, delegates continued arriving in buses to register for the convention at the Sandton Convention Centre.
The hall to be used will host a wine exhibition on Friday evening and will then be transformed overnight into seating for about 4 500 delegates.
Delegates who had not registered would not be let in as there was no room, organisers said. — Sapa