ANC vs ANC application ‘stillborn’

2012-10-11 18:01
Cathy Dlodlo in Bloemfontein
The application by disgruntled Free State ANC members to have the party’s provincial executive committee dissolved “is stillborn”.

This is according to Majel Wessels, counsel for the first 25 respondents in the case, including the ANC provincial leadership.

In the first leg of their application, the applicants – Mpho Ramakatsa, Tumiso Mbethe, Majoro Mpuru, Elisha Mbangula, Cicelia Chaka and Ntshiwa Morolloane – have asked the court to bar the ANC provincial executive committee members from acting in their positions until judgment in the second leg of their application has been delivered.

The second part of the application seeks to nullify the provincial conference at which the current leadership was elected, and to dissolve the executive committee.

Wessels today argued in the Free State High Court that the applicants had erred in not serving all branches of the ANC with court papers.

He also said the application mentioned the endorsement of the newly elected provincial leadership by the national executive committee (NEC) prematurely since it only happened a month after application was filed.

“There is also no mention of internal remedy being followed after the conference,” said Wessels.

But Advocate Dali Mpofu, for the applicants, argued that all internal remedies were exhausted and ignored. He quoted letters from the then ANC provincial secretary, Sibongile Besani, in which he complains about the situation to the national leadership up until days before the provincial conference.

Judgment in the matter was today reserved until October 26.