The Mthatha High Court judge, who dismissed an application by a disgruntled ANC member to have the party's 2015 O R Tambo regional elective conference, had failed to properly administer judiciary discretion in the matter.
This was part of the arguments made by lawyers representing Badanile Mntamo in his appeal at the Mthatha High Court.
Mntamo, a Ward 24 branch member in Mhlontlo municipality, was granted leave to appeal last month after his application to nullify the outcomes of O R Tambo regional conference two years ago had been dismissed by Eastern Cape Judge President Selby Mbenenge in September.
He claimed a branch general meeting leading up to the conference had been fraught with irregularities.
In his judgment, Mbenenge cited undue delay in lodging the application.
But today Mntamo's legal counsel advocate Phillip Zilwa SC said there was enough evidence produced by his client to show that his client had a formidable case.
Lawyers call into question judge's discretion
This was part of the arguments made by lawyers representing Badanile Mntamo in his appeal at the Mthatha High Court.
Mntamo, a Ward 24 branch member in Mhlontlo municipality, was granted leave to appeal last month after his application to nullify the outcomes of O R Tambo regional conference two years ago had been dismissed by Eastern Cape Judge President Selby Mbenenge in September.
He claimed a branch general meeting leading up to the conference had been fraught with irregularities.
In his judgment, Mbenenge cited undue delay in lodging the application.
But today Mntamo's legal counsel advocate Phillip Zilwa SC said there was enough evidence produced by his client to show that his client had a formidable case.
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