By OBAKENG MAJE
It seems the road to the ANC elective conference continues to be a thorny one if going to the Constitutional Court (ConCourt) is what the aggrieved ANC members intend to do.
According to the court papers seen by TDN, buoyed Lebogang Medupe, Lesego Serapelwane, Puso Moeng, Sello Moefe, and Itumeleng Moswane are intending to submit a notice of motion on an urgent basis to the ConCourt in Johannesburg on Friday, in a quest to nullify the conference.
On Thursday, the North West High Court in Mahikeng dismissed their court application on an urgent basis.
The court papers said: “Kindly take notice that the applicants intend to apply to the above Honourable Court in terms of Rule 18 on a date to be determined by the Chief Justice for an order dispenses with the normal rules pertaining to the set down of this application and that this application be disposed of in accordance with the provisions of Rule 12 of the Rules of this court.
“This application be enrolled and heard as an urgent application. The Chief Justice condones non-compliance with the provisions of the rules pertaining to service of this application.”
Medupe said the Chief Justice should give directions on filing of opposing papers and further directions on the hearing of this application.
He further said that, leave be granted for the application for direct access in terms of section 167(6)(a) of the constitution read with Rule 18 of the Rules of this court.
“Once direct access is granted, this court should make the following order that, it be declared that the ANC’s decision of the 13th August 2022 to usurp the powers and functions of the ANC’s 9th Provincial Conference on 13 August 2022 after the court order and judgment of the North West High Court, Mahikeng on 12 August 2022 is in violation of the ANC constitution and is unlawful and be set aside.
“That it be declared that the ANC’s 9th Provincial Conference of the North West that took place on the 12–14 August 2022 and subsequently postponed to the 26–28 August 2022, is held in violation of the ANC constitution and that the said conference, its decisions/resolutions and/or outcome are unlawful and be set aside,” he said.
Medupe further said the ANC should be ordered to appoint an interim structure in terms of its constitution in the stead of the North West PEC, pending the election of a lawfully constituted PEC of the ANC in the North West Province.
The North West High Court acting deputy president, Judge Tebogo Djadje dismissed their application on an urgent basis.
“Having heard the submission on behalf of the applicants and respondents in matters 160 and 161 on the issue of urgency, I make the following order. In a matter of Lebogang Medupe and four others versus the ANC and others, the following order is made.
“This application lacks urgency and is struck from the roll and the applicants are ordered to pay the cost, which will include two counts. In a matter of Mosadiwatshipi Selebogo and four others versus the ANC and others, the following order is made,” she said.
Djadje added: “This matter lacks urgency and is struck from the roll. The applicants are ordered to pay the cost, which includes two counts and that’s the order of this court.”
Yesterday, the rejuvenated Maloyi welcomed the court ruling and said, their focus now is on the conference itself. He said they are immediately heading to Rustenburg for preparations.
The Guardian 