The ANC Youth League’s sacked Amathole regional task team co-ordinator, Mputumi Duba, has approached the Mthatha high court, asking it to set aside the league’s regional conference held in Ngqushwa last month.
Duba, who has asked the court to hear his matter on an urgent basis, has taken the league and 20 others to task, alleging they had convened the elective conference incorrectly.
National ANCYL chairperson Collen Maine is one of the respondents.
Before the merits of the case were argued on Friday, Duba’s legal representative, advocate Yanga Malunga, and counsel for two of the respondents, advocate Lusindiso Matotie, went back and forth about whether or not the Mthatha high court had jurisdiction in the case.
Malunga told judge Mbulelo Jolwana that there was an order made earlier in the month that meant the court had “clothed” itself with the jurisdiction, and it was unnecessary to argue about jurisdiction or urgency because it had already been determined.
“There is no uncertainty here. The order says relief is granted pending the finalisation of part B, which deals with the merits of the case,” Malunga said.
Matotie argued that jurisdiction was not established, as the order that was made was merely to preserve the status quo.
“We are willing to sacrifice jurisdiction but can we deal with locus standi [the right or capacity to bring an action or to appear in a court] and other issues,” Matotie said.
“We are confident there is no case for the applicant.”
The parties could not agree on the jurisdiction issue and after seeing Jolwana in chambers, they proceeded to argue other aspects of the case.
Duba’s case, Malunga submitted, was that the conference was improperly convened and as such should be nullified.
“No action can be taken without the master of the high court. The respondents say this is only the case when money is involved. This is a fallacy.
“It is impossible for the [ANCYL] to operate without any financial implication. They cannot function without the authority of the master,” Malunga told Jolwana.
The court heard that the ANCYL was being liquidated for a R93,000 debt.
Malunga said Duba was not against the convening of the regional elective conference, “just that the correct process was not followed”.
“Congress failed to comply with its own constitution for the conference. [Duba] should have been there because he had voting rights. But instead bouncers were stopping him from getting inside,” he said. Matotie told the court that Duba was 37 years old, and as such could no longer be a member of the league, which had a age limit of 35.
“In any event, even if he was a member, he cannot just come to court as an individual and purport to represent the regional task team,” he said.
Matotie said Duba’s gripe was that he did not sign the final audit report, but that the report was sent to and signed by the provincial secretary.
“... the duty to sign the audit report lies solely with the provincial secretary,” he argued.
Matotie told the court that Malunga correctly alluded to the winding up of the ANCYL and said in terms of the Companies’ Act, once a company was being wound up, it could not sue or be sued.
On this basis, Duba’s application could not succeed.
The matter returns to court on Wednesday for the continuation of arguments...