Eastern Cape ANC case struck off roll

THE urgent South Gauteng High Court application by disgruntled Eastern Cape ANC members to compel the party’s national executive committee (NEC) to implement the controversial Sbu Ndebele report, was yesterday struck off the roll with costs.

The judgment further cements the Oscar Mabuyane-led provincial executive committee (PEC) legitimacy after numerous attempts to challenge its standing after the rowdy September 2017 conference, dubbed the “Festival of Chairs”.

The matter by the Eastern Cape ANC members was set down on June 18, but the respondents argued against the urgency of the matter stating it was “vague and speculative”.

The applicants argued that governance in the province had been negatively affected because of the outcomes of the conference.

“Nowhere is it alleged what and how governance in the Eastern Cape has been affected. This is a bold and unsubstantiated allegation,” part of Judge J Carelse’s judgment read.

The most cogent reason for urgency is the alleged continued infringement of the applicants’ rights as members, the judgment noted.

“In my view, the applicants have failed to show what rights have been negatively impacted upon by the Ndebele report,” the judgment further stated.

The applicants also raised the suspension of Mnquma Municipality councillors as one of the reasons why the matter should be heard on an urgent basis but that was however dismissed by the judge.

“There are also no confirmatory affidavits from the councillors to support these allegations. The reliance on the statement in the Ndebele report that the matter is urgent does not necessarily render the matter urgent,” Carelse added.

The judge goes on to state that the argument that the election of the PEC and its decisions were invalid, is extraordinary and misplaced. The judge also lambasted the applicants for not lodging their application subsequent to theMarch 23 to 25 NEC meeting that clearly elaborated on the Ndebele report.

The judgment follows an earlier judgment by the Mthatha High Court dismissing an application challenging legitimacy of the O R Tambo regional executive committee that was elected in 2015.

Commenting on the judgment, ANC provincial secretary Lulama Ngcukaitobi said: “The matter has never been a legal matter but a political ploy to defocus the entire ANC from its strategic agenda.”