Dismissal of ANC ORT poll lawsuit wins appeal date

Question of time frame in approach to court at stake

TUESDAY is set aside for the the Mthatha High Court to hear an application for leave to appeal against the dismissal of a case brought by disgruntled O R Tambo ANC members who wanted the party 2015 regional elective conference nullified.

Mvuzo Notyesi of Mvuzo Notyesi, who is representing ANC member Badanile Ntamo, was granted leave to make the application to appeal against acting Judge President Selby Mbenenge’s decision to dismiss with costs their court bid last month.

In his notice of application for leave to appeal, Notyesi argued that the applicants intended to appeal against Mbenenge’s judgment in its entirety.

The respondents – the ANC O R Tambo regional executive committee and provincial and national executives – have filed opposing papers.

In Notyesi’s main ground for the appeal, stated in his application, he attacks Mbenenge’s argument in his ruling last month that the applicants took too long to approach the courts on the disputed regional conference.

“The ANC has a tradition that internal remedies must be exhausted before recourse is made to the courts,” argues Notyesi, adding that the applicants launched an appeal with Luthuli House in October 2015.

“On 22 October 2015, the applicant was caused to appear before the committee constituted by the NEC members, including Derek Hanekom and secretary-general Gwede Mantashe who heard the complaints and undertook to revert to the applicant within three days.”

In his judgment, Judge Mbenenge said: “In exercise of my discretion, I find that the explanation provided … does not pass.”

But Notyesi will on Tuesday tell the court that the applicant only approached him after giving up on the ANC bosses, who did not attend to his appeal, and that the complaints did not expire as long as the REC elected in that conference was still in office.

“There is no statutory provision governing the time frames within which the applicant ought to launch an application for review,” said Notyesi.

“The court erred in the exercise of its discretion in finding that the applicant had unreasonably delayed in bringing the application, and there is no reasonable possibility that another court may find otherwise.”

Notyesi said Mbenenge had failed in “conducting an evaluation into the potential prejudice to the affected parties”. Also, the applicant was making allegations of irregularity against a political party, which had implications that went beyond the O R Tambo REC but affected the province “if it turns out the applicant was right”.

He continued that Mbenenge also did not evaluate the merits of the applicant’s cause of action, the allegations of fraud made against the respondents and nature of the decisions sought to be reviewed.

● A meeting between the ANC’s top six officials and the party’s national executive committee (NEC) deployees to the Eastern Cape provincial elective conference continued in Cape Town until late yesterday.

This was the same meeting at which secretary-general Gwede Mantashe said newly elected ANC provincial chairman Oscar Mabuyane and deputy secretary Helen Sauls-August were expected to explain complaints relating to allegations of administrative bungles in preparing for the conference in East London two weeks ago.

Mantashe said Mabuyane and Sauls-August were to be grilled having been in the secretariat office during preparations for the elective conference. —