ANC vs ANC head­ing to court

Diamond Fields Advertiser - - NEWS - SANDI KWON HOO CHIEF RE­PORTER

THE ANC ver­sus the ANC bat­tle will be in court one day be­fore the party’s North­ern Cape pro­vin­cial list con­fer­ence is sched­uled to take place on De­cem­ber 1.

If the ur­gent in­ter­dict is granted it may have an im­pact on the na­tional list con­fer­ence that is sched­uled to take place a week later, from De­cem­ber 7 to 8.

The ap­pli­ca­tion seeks to pre­vent ANC branches from or­gan­is­ing and con­ven­ing branch meet­ings to nom­i­nate can­di­dates to Par­lia­ment and the pro­vin­cial leg­is­la­ture un­der the di­rec­tion of the ANC Pro­vin­cial Ex­ec­u­tive Com­mit­tee (PEC).

Five ANC ap­pli­cants have taken 41 ANC re­gional, pro­vin­cial and na­tional mem­bers, in­clud­ing ANC sec­re­tary-gen­eral Ace Ma­gashule, to court, where ar­gu­ments are ex­pected to be heard in the North­ern Cape High Court on Novem­ber 30.

Court ap­pli­cant Eric Khot­seng said that a group of ANC mem­bers felt they had no choice but to ap­ply for an ur­gent in­ter­dict to pre­vent the ANC pro­vin­cial list con­fer­ence from go­ing ahead, as they had ex­hausted all other op­tions.

“The dis­pute to over­turn the out­come of the ANC re­gional and pro­vin­cial con­fer­ences must first be fi­nalised be­fore the court. In the mean­time court ap­pli­cants have been in­tim­i­dated and re­moved from the em­ploy­ment of gov­ern­ment.

Khot­seng stated that sev­eral at­tempts had been made to call on the ANC’s top six of­fi­cials to in­ter­vene, but these at­tempts had proved to be un­suc­cess­ful.

“If we lose the court ap­pli­ca­tion we will be the first to ad­mit that per­haps we made a mis­take, but if we win it will prove that the re­spon­dents are fac­tional. The ap­pli­cants are forced by the pre­vail­ing po­lit­i­cal cli­mate and pol­i­tics of fac­tions spear­headed by the PEC to seek le­gal re­course.”

Khot­seng added that they had made use of Crowd­fund­ing to fund their court ap­pli­ca­tion.

“The re­view ap­pli­ca­tions pend­ing be­fore the court have a closely con­nected sym­bi­otic re­la­tion­ship with the im­pend­ing nom­i­na­tion of can­di­dates to the na­tional and pro­vin­cial leg­is­la­tures.”

He stated that branch gen­eral meet­ings to elect del­e­gates for the re­gional and pro­vin­cial con­fer­ences were “im­prop­erly and un­law­fully con­sti­tuted”.

“The flawed au­dit re­ports of mem­ber­ship and branches au­tho­ris­ing del­e­gates whose mem­ber­ship and branch stand­ing were not ac­cu­rately ver­i­fied to at­tend both the re­gional and pro­vin­cial con­fer­ences.”

He said the cloning of branch ex­ec­u­tive com­mit­tees had added to the un­re­solved dis­pute.

“If the process of nom­i­na­tions was to be ad­min­is­tered and con­vened un­der the lead­er­ship of the cur­rent PEC, the same un­der­handed tac­tics ap­plied by them­selves through­out the con­fer­ences of the ANC would be­come an or­der of the day lead­ing to the nom­i­na­tion of can­di­dates who will for the next five years from 2019 gov­ern the North­ern Cape pro­vin­cial gov­ern­ment, with some as­cend­ing to na­tional Par­lia­ment.”

Khot­seng ex­plained that the fail­ure of the na­tional struc­tures to re­solve any of their com­plaints had led to them in­sti­tut­ing court pro­ceed­ings.

Seen stand­ing out­side the North­ern Cape High Court yes­ter­day are ANC mem­bers Nom­bulelo Modise and Eric Khot­seng.

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