More ANC legal woes

The ANC is facing yet another court battle as two Free State members have made an urgent application to the Bloemfontein High Court to have the Provincial Executive Committee (PEC) dissolved and chairperson Ace Magashule removed.

In the court application, which News24 has obtained, ANC members Mcebisi Bokwa and Lonwabo Dyi say that the PEC’s term to hold office expired on May 12.

“They therefore no longer hold office and cannot perform any acts in their capacity as members of the PEC. They are still less entitled to act as PEC at present. They simply do not have the power or authority to do so,” an affidavits states.

The members are asking for the National Executive Committee (NEC) to appoint an interim structure until the province’s elective conference which will take place from December 1-3.

Dyi and Bokwa say Magashule and his PEC continue to act as if they still hold office. They say that any decisions taken by the PEC are “void, irregular and directly contrary to and in blatant breach of the provisions of the [ANC] constitution”.

The effect of the PEC holding office illegitimately has far-reaching consequences, they say.

This would mean contracts entered into by treasurer Mosebenzi Zwane are considered vitiated because of a lack of authority, and that Magashule and his secretary William Bulwane are not entitled to hold any position in the NEC.

“The ANC and NEC have not taken any steps to prevent the Free State PEC or its members from continuing to act as PEC… I respectfully submit that this application is urgent. The second to 35th respondents [have] shown that they are intent to continue acting in flagrant breach of the [ANC] constitution.”

In response, ANC Free State spokesperson Thabo Meeko told News24 that the PEC was legitimate according to the law, as well as the ANC constitution. He said the province was ordered by the courts to hold its elective conference in December.

“The reality is that we have unprincipled…ANC comrades who are exploiting the grey area of the [ANC] constitution. There [has] been another outcome in court for the PEC to sit in December. We have not seen these papers except that we are proceeding with our elective conference,” he said.

READ MORE: Lawfare puts ANC elective at risk

ANC secretary general Gwede Mantashe said he was allergic to members who wanted to run to the courts instead of dealing with issues internally.

“The Free State is going to a conference and they were allowed by the courts. Now we have some who want a further demand to have the PEC dissolved. It’s complete abuse,” he said.

The ANC has been plagued by court battles as the party gears for its national elective conference in December.

In KwaZulu-Natal, the PEC is appealing a judgment that found their election illegitimate.

The incoming PEC in the Eastern Cape was taken to court to have its elective conference interdicted, but that matter was struck off the role.

READ MORE: Blood on the floor and walkouts at #ANCEC conference

Newly-elected Eastern Cape chair Oscar Mabuyane said they expected some branch members to challenge the legitimacy of the conference.

In the Northern Cape, disgruntled ANC members have threatened legal action to nullify May’s elective conference and halt the province’s regional conferences, which are scheduled for November this year. – News24

Subscribe to the M&G

These are unprecedented times, and the role of media to tell and record the story of South Africa as it develops is more important than ever.

The Mail & Guardian is a proud news publisher with roots stretching back 35 years, and we’ve survived right from day one thanks to the support of readers who value fiercely independent journalism that is beholden to no-one. To help us continue for another 35 future years with the same proud values, please consider taking out a subscription.

Lizeka Tandwa
Lizeka Tandwa
Lizeka Tandwa is a political journalist with a keen interest in local government.
Matshidiso Madia
Tshidi Madia
Love & Light•Journalist•decided to call myself a lover of things cause you know.

Related stories


Subscribers only

‘Terrorised’ family shines a light on traditional leadership for vulnerable...

The ambiguity between traditional and constitutional leadership has been exposed by the violent banishment of an Eastern Cape family

Matrics fail at critical subjects

The basic education minister talks of quality passes achieved by the class of 2020, but a closer look at the results tells a different story

More top stories

Remote working: Bosses want ‘bums on seats’

Many workers, including managers, like working remotely, but research shows it can be tough on most other employees.

Get to grips with the brains of youth

Shaping the frontal cortex as a critical youth development strategy

Turn off your Zoom video and help the planet

The pandemic has forced us indoors and using more data than ever before, putting more strain on the environment

Review: Mazda has missed an opportunity to dazzle

Mazda brought down only three of these late last year, all of which were thrust into media rotation

press releases

Loading latest Press Releases…