ANC in N Cape hits back at legal threats
IN A WAR of words, the ANC in the Northern Cape has labelled disgruntled members’ threats of taking legal action to prevent outstanding branch general meetings and regional conferences from taking place in the Province and to challenge the outcome of the provincial elective conference in court, as “tantamount to a coup d’état”.
In replying to lawyer’s letters from Mjila and Partners dated October 2, the ANC Provincial Executive Committee (PEC) insisted that it had the legal authority to make decisions and convene meetings.
The letter stated that there were no irregularities in the outcome of the provincial elective conference and that the aggrieved members’ complaints were without substance.
“If you feel strongly about this subject, you have the right to pursue other avenues available to you. We are flabbergasted, if not amazed, by claims that the current PEC, which was legitimately elected at a duly convened conference in terms of the constitution of the ANC, is unlawful. This is an insult to the delegates who convened to elect the current leadership. This is tantamount to a coup d’état, thereby trying to bring about the removal of the constitutional structure via the courts.”
The PEC also challenged the urgency of the matter, where the disgruntled ANC members said they intend taking legal action should the PEC not respond by today.
The members believe that the Northern Cape was given preferential treatment, after ANC secretary general Gwede Mantashe had advised all provincial and league secretaries that no branch general meetings (BGMs) or regional conferences should take place after September 30, so as not to jeopardise the December national elective conference.
The PEC indicated that Mantashe had explained his memo at a special National Executive Committee, where he had stated that provinces should not hold provincial and regional conferences in the last two months prior to the national conference.
“It has come to our attention that there are conferences that are long overdue. We therefore do not want provinces to hide behind this memo in the cases where conferences are long overdue. Conferences due between October and November can be postponed and be held in the first quarter of 2018. It will be irresponsible for the PEC not to convene the BGMs and regional conferences under the circumstances, as that would be tantamount to them shirking their constitutional duties.”
The PEC pointed out that members would only suffer “imagined prejudice” if BGMs and regional conferences went ahead.
ANC provincial secretary Deshi Ngxanga warned that any member who took the ANC to court would be expelled.
“It serves no purpose to keep a comrade in a serious position in government if that position is used to defraud the public purse and to weaken the ANC,” said Ngxanga.
He indicated that there were no plans to disband the PEC and believed that members were motivated to approach the court because they had not secured leadership positions.
“They are not even real members but are pawns in the process. These court cases make a mockery of the ANC’s internal democratic processes and have brought the ANC into disrepute.
“Some of these members are unemployed and would never be able to afford expensive lawyers. The real people who are disgruntled are comrades deployed in serious positions in government. In most instances, government monies are siphoned to fight these political battles in the ANC.”