In a dramatic escalation, some of the ANC’s top leaders — including justice minister Mmamoloko Kubayi — have been threatened with a contempt of court application after the party is said to be pushing ahead with its Eastern Cape elective conference.
The high court in KuGompo City granted an interdict on Thursday in favour of disgruntled applicants seeking to halt the ANC’s provincial elective conference.
The ANC has appealed the decision, saying the court erred in entertaining the application in circumstances in which “it lacked territorial jurisdiction to do so”.
The conference was scheduled to take place this weekend.
However, the lawyer for the disgruntled applicants wrote to the ANC’s lawyers hours later, saying the appeal application was irregularly filed without any authority.
The letter was written by Sinawo Makangela for Makangela Mtungani Inc.
“A few minutes ago, we received a purported application for leave to appeal.”
Makangela said that, under section 18(2) of the Superior Courts Act, 2013, it is incapable of suspending the coming into effect of an interim interdict.
“We have also been advised by our clients that Mamoloko Kubayi, the minister of justice, has announced that the conference will proceed regardless of the interdict.
“The pronouncement of Kubayi is incitement to contempt of court, and the decision to proceed with the conference is itself a criminal act of contempt of court.”
Makangela said that unless they receive an undertaking by 3pm that the court order will be respected, an application for contempt of court will be brought against Kubayi, ANC secretary-general Fikile Mbalula and all national executive committee deployees overseeing the conference.
At a press briefing on Thursday, Kubayi said the court did not instruct them to vacate the East London ICC and Orient Theatre.
“Unless they can show us in papers where the court said we must vacate the venues. It is nowhere. We have not been instructed not to talk to our structures. It would be irresponsible of the leadership to ignore our people.
“The applicant must not ask for what the court has not given them. They have not asked the court to vacate the buildings.
“Are they going to pay for that?
“We have accommodation booked. Must the delegates sleep on the streets?”
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