The ANC in the Eastern Cape is headed back to court to fight for the legitimacy of its voting delegates at the party’s national conference in December.
Because some lawyers were not present in the East London high court last week, judgment was handed down questioning the ANC’s third-largest voting bloc, the Eastern Cape’s, participation at the governing party’s elective meet in May.
The court order issued last week invalidated the meetings of almost 40 branches in the Dr WB Rubusana region of Buffalo City as being “unconstitutional and unlawful”. This ruling has now been temporarily rescinded, pending a new court hearing, the outcome of which will determine a way forward for the ANC Eastern Cape.
The Eastern Cape has the third-largest delegation at the conference, with 634 representatives making support from its branches crucial for those vying for leadership positions.
The matter has been postponed to October 28.
The ruling could have implications for the outcome of the province’s elective conference, particularly the legitimacy of ANC provincial chair and premier Oscar Mabuyane’s leadership in the province, as well as its support for ANC president Cyril Ramaphosa’s re-election bid as party leader at the elective conference in December.
Mabuyane — who is eyeing the party’s second-in-command job at the national conference after the province put his name forward as the preferred deputy president — told Business Day the ruling would not affect his election as Eastern Cape leader “up until the matter is fully ventilated in a court of law”.
However, any decision to re-run a conference, which would nullify the elected leadership, lies with the ANC national executive committee (NEC), the highest decision-making body of the party between conferences, one NEC member told Business Day. During the Rubusana region conference in late May, Buffalo City deputy mayor Princess Faku emerged uncontested as regional chair.
Several branches put their weight behind East London businessperson Lunga Nqam, but he turned down the nod at the last minute, citing the interests of ANC unity. Both are considered Mabuyane allies.
During the ANC’s provincial conference, he was re-elected as Eastern Cape leader with 812 votes.
Mabuyane’s erstwhile ally, Babalo Madikizela, a former provincial treasurer and public works MEC, got 662 votes.
Five ANC members, including the first applicant and ANC Youth League regional chair Ondela Sokomani, brought the case along with other litigation against the party.
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