The Grahamstown High Court yesterday dismissed with costs a court bid to nullify the outcome of the African National Congress’s Eastern Cape elective conference in October.
This marks a major victory for ANC provincial chair Oscar Mabuyane and his provincial executive committee (PEC), all of whom were elected at the chaotic September conference.
The unanimous judgment – penned by Judge Dawid van Zyl with judges Thami Beshe and Glenn Goosen agreeing – comes just four days before the party’s national elective conference at Nasrec , which kicks off on Saturday. Several ANC members from the OR Tambo, Joe Gqabi and Amathole regions had sought to set aside the election of the PEC including that of Mabuyane.
At issue was whether or not the conference was legitimately convened in the first place and whether – even if it was – it could lawfully have been allowed to continue after violence broke out and some 46% of the delegates – most of whom supported former chairman Phumulo Masualle – walked out.
Van Zyl found for the ANC on both counts. It was argued by those seeking to nullify the results of the PEC that the conference had never formally adopted the credentials of those attending it and this rendered the entire conference a nullity, particularly given that the credentials of some had been questioned.
But Van Zyl said there was no reason to doubt the version of either ANC provincial secretary Lulama Ngcukaitobi or the party’s national spokesman Zizi Kodwa, both of whom had been at the conference.
They had said appeals regarding credentials had been dealt with and the outcomes presented to and adopted by the PEC.
Kodwa had also said in his affidavit that the violence had broken out only after the PEC had adopted the report by democratic vote.
Those objecting to its adoption had resorted to throwing chairs. Kodwa denied the meeting had ever been adjourned.
He said after the chaos had died down and those causing it had left, the 54% of delegates remaining behind had opted to elect a new chair and continue. provincial executive.
Van Zyl said there was nothing wrong with this. The ANC’s constitution held that the majority of delegates at a conference constituted a quorum.
It was accordingly open to the conference to elect another person to act as chair, and to continue with the business of the conference.
ANC provincial secretary Lulama Ngcukayitobi said they welcomed the ruling. “We have always been saying that the ANC conference process was above board.”
He said various stakeholders, including religious, traditional leaders, the youth and women’s organisation, have always wanted to see the ANC united and stable.
“These stakeholders have been sending messages raising their concerns about why these matters are being brought to court. Continuing to bring internal ANC matters to court causes unnecessary instability and defocuses the ANC from its historical mission of delivering a better life and establishing a new society based on the rule of law,” said Ngcukayitobi.
He said another lesson learnt is that ANC members must refuse any temptation “to take the matter of the organisation to court when there are internal remedies to resolve disputes.
“That’s the message that has been sent by this ruling - to exercise all internal remedies to solve party problems.”
The application was dismissed with costs.
Court upholds E Cape ANC chair
This marks a major victory for ANC provincial chair Oscar Mabuyane and his provincial executive committee (PEC), all of whom were elected at the chaotic September conference.
The unanimous judgment – penned by Judge Dawid van Zyl with judges Thami Beshe and Glenn Goosen agreeing – comes just four days before the party’s national elective conference at Nasrec , which kicks off on Saturday. Several ANC members from the OR Tambo, Joe Gqabi and Amathole regions had sought to set aside the election of the PEC including that of Mabuyane.
At issue was whether or not the conference was legitimately convened in the first place and whether – even if it was – it could lawfully have been allowed to continue after violence broke out and some 46% of the delegates – most of whom supported former chairman Phumulo Masualle – walked out.
Van Zyl found for the ANC on both counts. It was argued by those seeking to nullify the results of the PEC that the conference had never formally adopted the credentials of those attending it and this rendered the entire conference a nullity, particularly given that the credentials of some had been questioned.
But Van Zyl said there was no reason to doubt the version of either ANC provincial secretary Lulama Ngcukaitobi or the party’s national spokesman Zizi Kodwa, both of whom had been at the conference.
They had said appeals regarding credentials had been dealt with and the outcomes presented to and adopted by the PEC.
Kodwa had also said in his affidavit that the violence had broken out only after the PEC had adopted the report by democratic vote.
Those objecting to its adoption had resorted to throwing chairs. Kodwa denied the meeting had ever been adjourned.
He said after the chaos had died down and those causing it had left, the 54% of delegates remaining behind had opted to elect a new chair and continue. provincial executive.
Van Zyl said there was nothing wrong with this. The ANC’s constitution held that the majority of delegates at a conference constituted a quorum.
It was accordingly open to the conference to elect another person to act as chair, and to continue with the business of the conference.
ANC provincial secretary Lulama Ngcukayitobi said they welcomed the ruling. “We have always been saying that the ANC conference process was above board.”
He said various stakeholders, including religious, traditional leaders, the youth and women’s organisation, have always wanted to see the ANC united and stable.
“These stakeholders have been sending messages raising their concerns about why these matters are being brought to court. Continuing to bring internal ANC matters to court causes unnecessary instability and defocuses the ANC from its historical mission of delivering a better life and establishing a new society based on the rule of law,” said Ngcukayitobi.
He said another lesson learnt is that ANC members must refuse any temptation “to take the matter of the organisation to court when there are internal remedies to resolve disputes.
“That’s the message that has been sent by this ruling - to exercise all internal remedies to solve party problems.”
The application was dismissed with costs.
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