Three disgruntled ANC members who have repeatedly defeated the party in court have threatened fresh legal action, including criminal charges of perjury and contempt of court, after the Makhanda high court dismissed the ANC’s bid to appeal against a judgment that invalidated the party’s interim Eastern Cape leadership structure.
The threat came as the ANC confirmed it would petition the Supreme Court of Appeal (SCA) after suffering another legal setback on Thursday.
On Thursday morning, the court dismissed with costs the ANC’s two applications for leave to appeal against judge Vuyokazi Noncembu’s June 18 judgment, which declared the establishment of the party’s provincial task team (PTT) unlawful and invalid.
ANC acting national spokesperson Nonceba Mhlauli said the organisation would now approach the SCA.
“The ANC has exercised its constitutional right to pursue further legal recourse and will petition the Supreme Court of Appeal.
“The ANC respects the role of the judiciary and the constitutional processes through which disputes are resolved.
“The ANC will communicate its considered position once the legal processes have been concluded.”
The latest ruling marks another victory for Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzothwa, who have successfully challenged a series of decisions by the ANC leadership.
They first secured an interdict in March preventing the party from holding its planned Eastern Cape elective conference after raising concerns about alleged irregularities in branch general meetings.
This is a great shot in the arm for the ANC in the province, especially at such a critical time with local government elections on the horizon
— ANC member Lwazi Rotya
When the provincial executive committee’s (PEC) term expired in May and the ANC replaced it with an interim PTT, the three members returned to court, arguing the PEC had never been properly dissolved.
On June 18, Noncembu agreed, declaring the appointment of the PTT unconstitutional, unlawful and inconsistent with the ANC constitution.
The ANC, secretary-general Fikile Mbalula and the now-defunct PTT subsequently sought leave to appeal against that ruling.
Both applications were argued before Noncembu on July 31.
On Thursday, she dismissed both applications with costs.
The June judgment also declared all decisions taken by the PTT during its brief period in office unlawful.
The ruling left the Eastern Cape ANC without a recognised provincial leadership structure less than three months before the November 4 local government elections.
Welcoming Thursday’s judgment, Rotya said it had brought much-needed clarity to the party.
“This is a great shot in the arm for the ANC in the province, especially at such a critical time with local government elections on the horizon.
“The past few months of litigation with our movement must be viewed as an attempt to strengthen the renewal agenda of the ANC.
“There are elements within our movement strongly opposed not only to the renewal and unity of the movement, but also to the open and democratic processes,” he said.
He warned that further legal action would follow.
“We will further go back to court and file for contempt, on the basis of resolutions of the PTT being implemented whereas there is a court judgment on the work of the PTT.
“We will further approach police to lay a charge of perjury on the lies contained in the party’s rescission application.”
Political analyst Dr Nkosikhulule Nyembezi said the judgment was a significant reminder that political parties were bound by their own constitutions and internal rules.
“This decision sends a clear signal that the voices of those negatively affected by the flouting of internal party administrative and constitutional procedures have lost none of their power, impact or poignancy.
“It has been a long, brutal haul and the stress over the months since the litigation began has been extreme at branch, regional, provincial and national levels in the ANC, and the party is once again forced to go back to the drawing board and do right the things it flaunted, overlooked and avoided.
“All concerned must do more to repair the damage and foster party unity,” Nyembezi said.
Dispatch
