Story audio is generated using AI
The ANC members who successfully halted the party’s Eastern Cape elective conference in court earlier this year are back before the courts, this time seeking to have the newly appointed provincial task team (PTT) declared unlawful and set aside.
Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzotywa filed papers in the Eastern Cape High Court challenging the ANC’s decision to appoint the 40-member interim leadership structure to replace the dissolved provincial executive committee (PEC).
They argue the appointment of the PTT is unconstitutional, unlawful and in breach of the ANC constitution, policies and conference guidelines.
They further contend the move violates acting judge Babalo Metu’s court order in March which interdicted the provincial conference over alleged branch irregularities.
The application seeks an order declaring the PTT invalid and setting aside all decisions already taken by the structure.
The applicants also want the court to interdict PTT members from acting as the ANC’s interim provincial leadership.
The latest legal challenge comes after ANC secretary-general Fikile Mbalula announced the PTT in KuGompo City last week following the dissolution of the PEC after its four-year term expired.
Outgoing provincial chair Oscar Mabuyane was named convener of the interim structure, while former deputy provincial secretary Helen Sauls-August was appointed co-ordinator.
We are not aware of any reason for a dissolution or any procedure followed before any dissolution decision could be taken
The Dispatch previously reported that the applicants, through their lawyers, had demanded the ANC reverse its decision to appoint the PTT, arguing no lawful process had been followed to dissolve the PEC.
Their letter stated that no decision dissolving the PEC had been communicated to members of the provincial structure.
“The PEC may not be dissolved without reason and without a fair and lawful process being followed,” the letter read.
“We are not aware of any reason for a dissolution or any procedure followed before any dissolution decision could be taken.”
The applicants had given the ANC until 5pm on Tuesday to reverse the decision or face court action.
The court papers were subsequently filed on Wednesday.
In the court papers, Rotya argued that the ANC was attempting to achieve through the PTT what it had failed to achieve through the interdicted provincial conference.
“The appointment of the PTT reflects an attempt to engineer the same outcome of the interdicted conference, especially having regard to the top five leaders of the PTT,” Rotya stated.
“This appointment seems to simply convert the PEC into the PTT.”
Rotya further argued that the expiry of the PEC’s term alone was not sufficient reason to dissolve the structure.
“The mere lapse of term of office is not enough to appoint a PTT because, as a matter of law, the old PEC continues in office until the new one is elected,” he said.
He also argued the ANC should not benefit from its own failure to comply with its constitution, which formed the basis of the earlier court interdict.
“The fact that there has been no election is ultimately because of the ANC’s own failure to comply with its constitution as found in the interdict application,” Rotya said.
“The ANC cannot and should not be permitted to profit from its breach of its own constitution.”
I challenge Mr Mbalula to produce the minutes of the NEC where the members of the PTT were appointed
The applicants further contend there was no evidence the ANC national executive committee (NEC) formally approved the appointment of the PTT members.
“The members of the PTT appear to have been appointed by Mr Mbalula. This is unlawful,” Rotya stated.
“The constitution of the ANC makes it clear that only the NEC can appoint a PTT.
“I challenge Mr Mbalula to produce the minutes of the NEC where the members of the PTT were appointed.”
Respondents, including Mbalula and members of the PTT, have until Friday afternoon to file notices of opposition.
The matter is expected to be heard on June 2.
Mbalula confirmed on Thursday that the ANC would oppose the application.
Provincial ANC spokesperson Yanga Zicina said all litigation involving the party was being handled by the ANC NEC and the secretary-general’s office.
The latest court action follows months of legal battles surrounding the ANC’s delayed Eastern Cape provincial conference.
In March, Metu interdicted the conference after Rotya, Mpande and Mzotywa challenged the legitimacy of branch meetings and delegate accreditation processes.
At the time, Mbalula had insisted “only a tsunami” would stop the conference from proceeding.
The ANC has since launched a rescission application seeking to overturn the March interdict.
In papers filed in that matter, Mbalula accused the applicants of misleading the court.
“They did not approach this honourable court with clean hands,” Mbalula argued.
“Instead, they invoked this court’s urgent jurisdiction to stop an electoral and organisational process on facts that were misstated, misconstrued and, in material respects, untrue.”
The latest litigation now threatens to deepen divisions within the ANC in the Eastern Cape and could further delay efforts to elect a new provincial leadership.
Daily Dispatch
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.