A battle over the legality of the ANC’s recent Amathole regional elective conference threatens to throw the selection of councillor candidates for the 2026 local government election into turmoil.
This emerged in court papers filed in the high court in KuGompo City by two ANC members, Nosipho Williams and Ntombizandile Nyikana from Raymond Mhlaba sub-region, who want to have the conference and its resolutions reviewed and set aside.
The papers highlight alleged discrepancies and irregularities in the build-up to the March conference and lay the blame on ANC secretary-general Fikile Mbalula. They allege the party’s regional executive committee (REC) was improperly elected and warn this could have dire consequences for the party and its selection process.
“I highlight, for instance, consequential decisions relating to the nomination of candidates for local government elections which are also being taken by the improperly constituted REC,” Williams said in her founding affidavit.
“According to the guidelines of the ANC for the selection of candidates for the 2026 local government elections, the REC plays a role. If the REC was not lawfully elected, the entire process of nomination of ANC councillors in Amathole is tainted.
“The REC ought to be excluded entirely from the process until its legal status is determined.”
She argues the participation of the REC in the provincial conference — which collapsed after a legal showdown over disputes — was unlawful, “and only a properly elected REC is entitled to participate in the activities of the region towards a provincial conference”.
“To the extent that there is a likelihood of that conference sitting again, it is submitted that the REC has no right to participate and all actions taken to date are invalid.”
Williams argues in her founding affidavit that Mbalula’s decision to sign off on the final branch verification report on March 18 — which gave the go-ahead for the conference — was unconstitutional and unlawful.
The respondents include the ANC, Mbalula, the party’s Eastern Cape provincial executive committee, provincial secretary Lulama Ngcukayitobi, the Amathole regional executive and 25 people elected at the regional conference held from March 20-22.
Williams wrote that Mbalula’s go-ahead violated the ANC constitution and the party’s guidelines for branch general meetings, known as BGMs, and regional, provincial and national conferences adopted by the national executive committee.
Williams and Nyikana want the court to declare the ANC Amathole regional conference, held from March 20-22, unlawful and unconstitutional and to review and set aside the conference and its resolutions.
Williams said she was adamant there were grounds for review.
“The ANC is bound to act lawfully, rationally and in a procedurally fair manner and in accordance with its constitution and applicable guidelines,” she said in the papers.
“The guidelines and the provisions of the constitution constitute a legally binding and enforceable contract between the ANC and its members. Any material deviation renders its decisions unlawful, reviewable and invalid.”
Williams accused the regional leadership of non-compliance and unconstitutional conduct during the build-up to the conference, pointing to alleged irregularities and unfinalised disputes from several branches.
According to the papers, repeated attempts by the members to stop the conference from going ahead were unsuccessful.
The ANC announced the regional conference on March 12.
“On March 12 2026, our attorney addressed the first letter to the ANC raising our objections to the process undertaken leading to the holding of the conference,” Williams wrote.
“At this point, the office of the secretary-general Fikile Mbalula had not yet confirmed that Amathole could hold its regional conference as required by the conference prescripts. No response was received from the ANC, except for an acknowledgement of receipt from the office of the provincial secretary.
“On March 17 2026, our attorneys addressed a reminder to the ANC. Such correspondence emphasised that the regional congress had been scheduled despite unresolved branch disputes from at least two branches that were awaiting dispute resolution from the relevant ANC body.”
Williams also raised concerns over the disqualification and/or exclusion of four branches from holding BGMs by the regional secretary; two branches that held BGMs but were disqualified by the regional secretary; 13 branches whose BGMs were convened by obsolete and/or unconstitutional branch executive committees and/or structures; and five branches that held BGMs in contravention of the January 29 2026 PEC directives.
“On March 13 2026, and unbeknown to us, Mbalula unlawfully communicated that Amathole region had achieved its threshold of 70% of branches in good standing that had held successful BGMs in preparation for the Amathole regional conference,” she said.
“He further noted that the final verification report with 107 qualified branches was signed and the Amathole region was therefore permitted to convene the regional conference.
“This communication was plainly unconstitutional and invalid.”
On March 18, Williams said their attorneys addressed further correspondence to the ANC in which they reiterated that the disenfranchisement of members is against the ANC constitution and the holding of a flawed regional conference is a further violation of the party’s founding documents and conference guidelines.
“On the same day, 18 March 2026, our attorneys received a correspondence from the ANC attorney in which we were advised that the conference had been certified ready to proceed by its attainment of 70%threshold and that it would be proceeding,” Williams said in the papers.
“The application also seeks to have decisions taken at that conference set aside.
“Since the REC was improperly elected, it has no power to make any decisions and to preside over any meetings of the ANC.
“The improperly elected REC has tainted various decisions of the ANC including purported participation in provincial activities.
“The court is urged to declare all the decisions taken by the REC since its unconstitutional ascension to office unlawful.”
ANC provincial spokesperson Yanga Zicina referred the Dispatch to Amathole ANC regional chair Sheila Xego, who had confirmed the region had received the court papers.
Xego said the regional executive committee strongly believed the members had no grounds for the application.
“We were very clinical in the build-up towards our regional conference,” she said.
“I believe the REC will defend the case against the two individuals.
“I am not doubting the legality of our conference. We will prove beyond reasonable doubt that it was legitimate.”
Daily Dispatch
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.