The future of the OR Tambo ANC regional executive committee hangs in the balance after seasoned lawyer Mvuzo Notyesi won the appeal against an earlier judgment that dismissed his client’s case to have the 2015 conference declared illegal.
Mthatha High Court judge Fatima Dawood yesterday issued an order that the case, which was previously dismissed by Judge Selby Mbenenge based on technicalities, start all over again, this time with a focus on merits.
Mbenenge dismissed the case because he said the applicant, Bandile Ntamo, had taken too long to approach the court.
In his judgment, Mbenenge did not consider the merits of the case – in which Ntamo claimed people who had died in 2012 were registered as delegates in the 2015 conference.
Ntamo’s lawyer, Notyesi yesterday described Dawood’s ruling as a giant step towards victory for his client.
However, the ANC is also confident of victory when the matter heads back to court, said provincial secretary and former regional secretary of OR Tambo, Lulama Ngcukayithobi, who was elected at the disputed conference.
Mbenenge, in dismissing the case in September, had concluded that “the applicants delayed inordinately and in the exercise of my discretion the explanation given does not meet the requisite standard”.
This after Ntamo and others had only initiated the application in April this year, despite the conference, which they allege was marred with irregularities, having happened in October 2015.
Notyesi had argued that the delay was a result of attempts to exhaust ANC internal processes first.
Dawood partly agreed with Mbenenge’s judgment on the delay part, albeit with scathing reservations about the “discretion” the latter employed to arrive at his judgment.
“In this case, the learned judge did not state what criteria he explicitly adopted in exercising his discretion not to condone the delay,” said Dawood.
“I am of the view that such discretion was not exercised properly.”
Dawood said he believed the matter should be argued based on its merits. She brought to the fore the alleged infringement to the constitutional rights of the applicants which “ought to have a particular weighty consideration that warranted a ventilation of the merits of the matter despite the delay in launching the application”.
According to Dawood, Notyesi’s arguments on merits, which were ignored by Mbenenge, were persuasive enough to be considered to have a chance of a favourable ruling for his clients.
She however conceded that her interpretation was open to argument, especially in light of the fact that the ANC had no argument on the merits of the case.
Notyesi said the ANC would now “have to tell the court why those deceased people appear on those registration books.”
Ngcukayithobi said: “We were strong on merits the first time around and to this day we still believe that we will win this case on merits.” — zingisam@dispatch.co.za
Appeal over 2015 ‘conference of corpses’ succeeds
Mthatha High Court judge Fatima Dawood yesterday issued an order that the case, which was previously dismissed by Judge Selby Mbenenge based on technicalities, start all over again, this time with a focus on merits.
Mbenenge dismissed the case because he said the applicant, Bandile Ntamo, had taken too long to approach the court.
In his judgment, Mbenenge did not consider the merits of the case – in which Ntamo claimed people who had died in 2012 were registered as delegates in the 2015 conference.
Ntamo’s lawyer, Notyesi yesterday described Dawood’s ruling as a giant step towards victory for his client.
However, the ANC is also confident of victory when the matter heads back to court, said provincial secretary and former regional secretary of OR Tambo, Lulama Ngcukayithobi, who was elected at the disputed conference.
Mbenenge, in dismissing the case in September, had concluded that “the applicants delayed inordinately and in the exercise of my discretion the explanation given does not meet the requisite standard”.
This after Ntamo and others had only initiated the application in April this year, despite the conference, which they allege was marred with irregularities, having happened in October 2015.
Notyesi had argued that the delay was a result of attempts to exhaust ANC internal processes first.
Dawood partly agreed with Mbenenge’s judgment on the delay part, albeit with scathing reservations about the “discretion” the latter employed to arrive at his judgment.
“In this case, the learned judge did not state what criteria he explicitly adopted in exercising his discretion not to condone the delay,” said Dawood.
“I am of the view that such discretion was not exercised properly.”
Dawood said he believed the matter should be argued based on its merits. She brought to the fore the alleged infringement to the constitutional rights of the applicants which “ought to have a particular weighty consideration that warranted a ventilation of the merits of the matter despite the delay in launching the application”.
According to Dawood, Notyesi’s arguments on merits, which were ignored by Mbenenge, were persuasive enough to be considered to have a chance of a favourable ruling for his clients.
She however conceded that her interpretation was open to argument, especially in light of the fact that the ANC had no argument on the merits of the case.
Notyesi said the ANC would now “have to tell the court why those deceased people appear on those registration books.”
Ngcukayithobi said: “We were strong on merits the first time around and to this day we still believe that we will win this case on merits.” — zingisam@dispatch.co.za
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