The ANC in the Eastern Cape will proceed with its high-stakes provincial elective conference this weekend despite a high court interdict and threats of contempt of court proceedings.
The party confirmed late on Thursday that it would go ahead with the conference, scheduled from Friday to Sunday, arguing that its decision to appeal against the ruling allowed it to continue.
This follows an interim interdict granted by the high court in KuGompo City earlier on Thursday, halting the conference pending the resolution of internal disputes over branch processes and verification reports.
Acting judge Babalo Metu ordered the ANC, its provincial executive committee (PEC), secretary-general Fikile Mbalula and provincial secretary Lulama Ngcukayitobi to comply with the party’s governance instruments, including its constitution and conference guidelines.
The order explicitly restrained the party from holding the conference between March 26 and 29.
The court also granted leave for parties to file supplementary papers ahead of a final determination and ordered the ANC, its PEC and Mbalula to pay costs.
Despite this, the ANC moved swiftly to lodge an appeal against the ruling, arguing in court papers that the high court erred in hearing the matter due to a lack of territorial jurisdiction.
Mbalula further argued that the court erred in directing compliance with ANC governance instruments “in circumstances where there was no such noncompliance”.
Speaking at a media briefing at the International Convention Centre in KuGompo City, provincial chair Oscar Mabuyane said the party had obtained legal advice confirming it could proceed.
“The legal advice we received is that the appeal we have lodged effectively suspends the interim interdict,” Mabuyane said.
“By proceeding, we were assured that we are not breaking any law, as all we will do will be within the boundaries of the law.”
Mabuyane said the decision followed a special PEC meeting attended by national executive committee members.
While he emphasised that the ANC respected the rule of law and welcomed the judgment, he said the ruling had “far-reaching implications” and that the conference would begin as planned on Friday morning.
ANC NEC convener of deployees in the province, Mmamoloko Kubayi, said: “We acknowledge there is an interdict in place, I will not talk about whether we agree with it or not, but we are proceeding.”
She said that, based on legal advice, the party believed its appeal gave it “leeway to continue with conference”.
However, legal representatives for the applicants warned that proceeding could amount to contempt of court.
Attorney Sinawo Makangela said the appeal did not suspend the interim order.
“We wrote them a letter and brought to their attention the provisions of the law that regulates the process we are in now, that their leave to appeal doesn’t suspend the operation of this order,” he said.
“If they are pushing us to that level, we will have to launch contempt proceedings if we get those instructions, with a very punitive order of probably having to arrest someone.”
The dispute stems from an application brought by disgruntled ANC members challenging the integrity of branch processes leading up to the conference.
Meanwhile, a separate urgent application by members from the Joe Gqabi region, citing similar grievances including demarcation and verification issues, has been removed from the urgent roll and postponed indefinitely after agreement between the parties.
Advocate Vuyo Booysen, deputy registrar for legal services and compliance at the University of the Free State, said interim orders were generally not appealable in South African law.
“This prevents cases from being dragged out by constant appeals over small, temporary details before the main issue is even decided,” he said.
“However, there are specific situations where an interim order can be appealed if it has a ‘final effect’ or if it is in the ‘interests of justice’, for example where there is irreparable harm with serious impact.”
Booysen said the ANC might argue that halting the conference could cause such harm, but questioned the strength of that argument.
“I doubt if this argument holds water because more harm could happen if the conference is allowed to continue on a flawed and corrupt basis, as the applicant argues.
“So, I do not believe the court will be amenable to allow the appeal.”
At the time the interdict was granted, registration of delegates was already under way at the Orient Theatre in KuGompo City, near the conference venue.
Mabuyane said more than 60% of delegates had already registered.
The conference also appears likely to be uncontested, according to multiple party insiders.
They might have ambitions to contest conference, but judging by their failure to garner support in branch meetings, we might have a conference that will not be contested
Sources said that candidates aligned to Ngcukayitobi had failed to meet the ANC’s 10% nomination threshold required to contest leadership positions.
The ANC has 710 branches across the province.
Regional leaders in the Dr WB Rubusana, OR Tambo, Alfred Nzo and Chris Hani regions confirmed that only one branch in each region had nominated candidates from the Ngcukayitobi slate.
“They might have ambitions to contest conference, but judging by their failure to garner support in branch meetings, we might have a conference that will not be contested,” one regional leader said.
Another insider alleged that members aligned to Ngcukayitobi had deliberately avoided holding branch meetings in an attempt to prevent the province from reaching the required 70% threshold to convene the conference.
“Now they will have to live with the consequences of such decision,” the source said.
Ngcukayitobi, who is expected to challenge Mabuyane for the provincial chair position, the outcome of which will affect governance of the Eastern Cape, attended the PEC meeting that resolved to proceed but was absent from the subsequent media briefing.
Mabuyane said he had expected Ngcukayitobi to attend and was unaware of his whereabouts.
The developments set the stage for an unpredictable weekend, with legal uncertainty hanging over one of the ANC’s most closely watched provincial gatherings.
Daily Dispatch
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