Disputed ANC KZN conference hits snag
ATTEMPTS to resolve the disputed ANC KwaZulu-Natal conference have hit another snag after the ANC provincial leadership opposed the matter being heard early next week at the high court in Pietermaritzburg.
The court was supposed to hear next week Tuesday why the leadership had not filed papers in response to an application to have them removed from office and another conference held.
The aggrieved party’s lawyer, Alpha Zwane, said both parties had agreed that the leadership, which is the respondent in the nullification matter, had late last year agreed to go to court next week, but the leadership had since somersaulted.
“They (ANC leadership) felt that between December 15 and January 16 there are no court dates for filing of documents so you cannot file the court documents during that period,” said Zwane.
The ANC could not file the responding papers to the nullification application, which was filed in June, because it was demanding that the application should provide it with all documents that the applicants would use as evidence during the actual proceedings.
“The applicants are saying ‘we have given you all the documents you want’.
“The respondents are saying ‘we are not happy with the documents you have given us, we are now going to ask the court compel applicants to deliver those papers’,” said Zwane.
The applicants, members of the ANC who lost the election, want the court to nullify the conference, which was held in Pietermaritzburg in 2015 and elected Sihle Zikalala as the provincial chairman against his predecessor Senzo Mchunu.
Zwane said after the ANC leadership had repeatedly failed to file the responding papers the court postponed the case “indefinitely” and it was agreed that the ANC leaders should tell the court on January 17 why it could not respond.
He said both parties would now secure a meeting with KwaZulu-Natal Judge President Achmat Jappie or any available senior judge to decide on a new date for the ANC to provide its explanation.
Zwane said he was confident that the applicants had a prospect of winning the case against the leadership.
An aggrieved ANC member, who asked to remain anonymous, said it was possible for them to win the case since it happened in Free State in 2014, where the Constitutional Court nullified the provincial conference.
Another member of the group said if the application fails or the case drags beyond the ANC national conference they would rely on the new leadership under deputy president Cyril Ramaphosa, if he becomes president, to nullify the KwaZulu-Natal conference.
Attempts to contact the ANC in KZN or its lawyers were unsuccessful.
Zwane confident the applicants can win the case
FIRM PROMISES: President Jacob Zuma addresses supporters at Orlando Stadium during the ANC’s 105th birthday celebration.