End of road for Oscar opponents
It is the end of the road for a group of disgruntled ANC members who challenged the outcome of the party’s Eastern Cape elective conference – their case had been dismissed by the Constitutional Court.
The group of 11 members, who were hellbent on having the Eastern Cape ANC leadership dissolved, had applied for direct access to the Constitutional Court to hear their case.
They also applied for leave to appeal against the decision of the South Gauteng High Court, which earlier this year threw out their case, saying it was not urgent.
The 11 applicants were Nomawethu Mgabadeli, Bulelwa Madikida, Mtetiswa Jijingubo, Nontlahla Majola, Ntelwa Nompilo, Notabile Xhate, Bayete Thabalaza, Jayo Marhini, Mlandeli Bandezi, Baxolile Kulu and Zoleka Khoba.
They had listed the entire ANC provincial executive committee as respondents in the case.
Their court bid is one of several by various groups of disgruntled members who felt that the provincial structure elected in East London in late 2017 was not a legitimate one.
A panel of eight Constitutional Court judges dismissed the application.
“It has concluded that the application for leave to appeal should be dismissed as it bears no prospects of success.
“The application for direct access is dismissed,” the judges said in a ruling in August.
ANC provincial spokesperson Gift Ngqondi welcomed the judgment against the disgruntled group’s attempts to nullify the East London conference.
“This judgment once again affirms the right of the ANC to determine its own conferences, processes, procedures and proceedings in terms of its constitution without interference.
“We have consistently argued that the application was frivolous as it essentially sought to ask the court to grant them carte blanche to disrupt the functioning of the organisation.
“The applicants’ case was an attempt to cajole the judiciary into being a party to their unconstitutional and silly decision not to recognise and accept the [conference] outcomes,” Ngqondi said.
He said the judiciary should remain guarded about attempts by some to exploit the ANC’s democratic processes.
Ngqondi said the judgment would strengthen the ANC’s resolve to build unity in the party. –
Their court bid is one of several by various groups