ANC not above law: convener

THE ANC should not act as if it was above the law if members who took it to court had a strong case to interdict the party’s provincial conference, ANC KwaZulu-Natal convener Mike Mabuyakhulu says.

Mabuyakhulu has also warned that there would be action against members who successfully interdicted the conference if it was proved that their intentions were malicious.

The provincial conference was cancelled at the eleventh hour after Pietermaritzburg High Court Judge Jacqueline Henriques’ order that it would be premature and unlawful for the event to proceed.

Mabuyakhulu said the party would look at all sides before deciding whether action should be taken against the court applicants.

“We will analyse the action that led these comrades to take us to court, whether they acted out of malice,” he said.

He said the party would take cognisance of the fact that every citizen had a right to recourse in court.

“And therefore the ANC is not itself above the court of law,” he said.

Judge Henriques ordered the provincial task team and ANC secretary-general Ace Magashule to file responding affidavits before July 2.

Angry delegates instructed the provincial task team (PTT) to file the responding papers yesterday so that the conference could sit soon.

Mabuyakhulu told Independent Media yesterday that the PTT was still consulting its lawyers to file watertight court papers.

The applicants are Reshma Brijraj and Moosa Manyoni from the Lower South Coast Region, Muntuza Bhekokwakhe Mkhize and Siyabonga Hlongwa from the Moses Mabhida Region, and Bhekukwenza Protos Nzimande and Zoliswa Nyide from the Harry Gwala Region.

They argued that the situation in the province was not conducive for the conference because political killings affecting ANC members had not been resolved in the three regions.

“It appears that 32 appeals were received (from the Lower South Coast) and only eight were dealt with by the provincial team led by the national dispute resolution team, and that the hearings are still in progress with only 25 branches having been processed,” read the papers from the applicants.