The ANC in the Eastern Cape will press ahead with its appeal against an interim interdict that halted its 10th provincial elective conference, despite the party’s national leadership, including secretary-general Fikile Mbalula, withdrawing from the application.
On Wednesday Mbalula, together with Ntanga Nkhulu Incorporated, the legal representative of Luthuli House, filed a notice to withdraw the application for leave to appeal an interdict granted on March 25.
On March 25 acting judge Babalo Metu granted an interim order preventing the ANC provincial conference from sitting.
Three Buffalo City members approached the court to stop the conference on the eve of its sitting.
Led by Lwazi Rotya, they sought to overturn Mbalula’s verification report, which stated that the province had met the required 70% branch threshold to proceed with the conference.
In a statement, ANC national spokesperson Mahlengi Bhengu said the notice of withdrawal had been duly served on all relevant parties and filed with the court registrar.
We are forging ahead with the legal battle and are applying different tactical considerations insofar as our legal strategy is concerned. We’re under legal advice on which tactics and what options are best available to us
— Yanga Zicina, ANC provincial spokesperson
“The withdrawal follows the receipt of the learned judge’s formal reasons for the interim order and was taken on the considered advice of our legal team,” Bhengu said.
“We are satisfied that the issues raised in this matter are more substantively addressed through the other procedural avenues available to us before the court.
“These avenues will enable the ANC to demonstrate, on a full evidentiary footing, that the movement has adhered to the order of the court, and that the membership records and administrative processes of the ANC in the Eastern Cape are sound and consistent with the constitution of the African National Congress and the governing instruments of the movement.”
Giving reasons for the judgment on Tuesday, Metu said the court found the matter urgent and ruled that the applicants had established a prima facie right to interdict the conference, which they argued was being conducted in breach of both the ANC constitution and section 19 of the SA constitution.
Metu said unresolved disputes over branch general meetings and verification processes meant the party could not reliably determine which branches were eligible to participate.
Evidence before the court showed:
- incomplete verification reports;
- unaddressed recommendations; and
- the provincial executive failing to ratify key findings ahead of the conference.
ANC provincial spokesperson Yanga Zicina said the provincial executive committee had not withdrawn the leave to appeal and would forge ahead.
“We are forging ahead with the legal battle and are applying different tactical considerations insofar as our legal strategy is concerned. We’re under legal advice on which tactics and what options are best available to us,” Zicina said.
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