Picture: ANC deputy president, Paul Mashatile/Google
By OBAKENG MAJE
One of the aggrieved ANC members in North West said, he has opened a perjury case against the ANC deputy president, Paul Mashatile at Mmabatho Police Station in North West on 28 February 2023.
Sello Molefe alleged that, Mashatile has lied to the North West High Court in Mahikeng under oath. Molefe is one of the aggrieved ANC members who filed a case requesting the North West High Court to nullify the ANC Provincial Elective Conference that was held in Rustenburg in August 2022.
“On 20 August 2022, an urgent application was instituted against ANC in which, I am the 4th applicant. Mashatile duly representing ANC opposed the urgent application as authorised by the ANC.
“At the centre of the dispute under case number UM 160/2022 before the North West High Court sitting in Mahikeng is the lapsing of the term of the Interim Provincial Committee (IPC) of the North West,” he said.
Molefe further alleged that, the ANC constitution prescribed that, the election of PEC, which has been dissolved, shall be called within nine months from the date of dissolution. He added that, in this case, the nine months period lapsed by the latest on 29 April 2020.
“Mashatile deposed to an answering affidavit under oath on behalf of the ANC. Mashatile in his answering affidavit attached a purported resolution of the ANC, which resolution stipulated that the ANC at its meeting of 26-29 July 2022, the NEC decided to formally dissolve the PEC in terms of Rule 12.2.4.
“He attached the answering affidavit, where he alleged that the ANC NEC has re-appointed the IPC, which was appointed by the ANC NEC at the meeting held on 26-29 July 2019. Mashatile alleges in his affidavit under oath that, the ANC NEC as per the purported resolution taken on 26-29 July 2022, purported to dissolve and re-appoint members of the IPC who were deceased and some members who had previously resigned at the time of passing of the purported resolution,” said Molefe.
He alleged that, however, some members of the IPC were deceased as of 26-29 July 2022, when Mashatile claimed the ANC has re-appointed them as IPC members.
According to Molefe, the former executive mayor of the City of Matlosana, who was also a member of IPC succumbed to the COVID-19 pandemic on 16 July 2021, while Sophie Maine died on 6 June 2021 after a short illness.
“Johannes Tselapedi died on 6 June 2021 after a short illness. It is common cause that other members of the IPC resigned before 26-29 July 2022. Former North West Premier, Supra Mahumapelo resigned as a member of the IPC on 30 September 2019 and was deployed by the ANC to the National Parliament.
“Job Mokgoro who was appointed as ex officio member of the IPC on 26-29 July 2019 by virtue of his appointment as the North West Premier on 22 June 2019 and resigned on 26 August 2021,” he said.
Molefe said not only did the term of the deceased IPC members end on 29 April 2020, whilst they were still alive, and their ANC members lapsed as at the respective dates of their passing.
He said, yet Mashatile alleged in the answering affidavit that the ANC NEC purportedly resolved on 26-29 July 2022 to re-appoint these deceased ANC members into the IPC notwithstanding the fact that they were late.
“According to Mashatile in the answering affidavit, he deposed under oath, the purported NEC meeting convened from 26-29 July 2022, dates which conveniently tally with the dates of the original NEC meeting held on 26-29 July 2019.
“It is clear from the reading of ‘ANC11’ that Mashatile simply copied the minutes and resolution of the 26-29 July 2019 and paste it into the disputed minutes of the purported minutes and resolution of the meeting held on 26-29 July 2022,” said Molefe.
He said, according to the NEC calendar of 2022, there was no NEC meeting held on 26-29 July 2022. Molefe said, Mashatile was the ANC acting Secretary-General during 26-29 July 2022 and he was fully aware when he deposed to the answering affidavit on 24 August 2022 that there was never such meeting during that period and there was never any resolution taken by the ANC NEC during the period in question.
“I deposed and filed a supplementary affidavit at the North West High Court on 7 February 2023, where I brought this alleged fraud by Mashatile to the attention of the North West High Court.
“On 23 February 2023, Mashatile deposed to a confirmatory affidavit in terms of which he admitted that the ANC NEC meeting of the 26-29 February 2022 never took place and apologized unreservedly for alleging that the meeting took place on 26-29 February 2022,” he said.
Molefe said Mashatile could not explain how the purported resolution taken by the ANC NEC on 26-29 July 2022, however, what he is certain of is that Mashatile was the SGO of the ANC at the time and he deposed to the answering affidavit under oath in terms whereof and attached the fraudulent resolution and committed perjury confirming the authenticity of the fraudulent resolution, whilst he was fully aware that the resolution was never taken.
“The motive of Mashatile was to mislead the North West High Court into believing that the ANC NEC complied with Rule 12.2.4 of the ANC constitution by appointing an interim structure, a false allegation made by Mashatile in order to circumvent prayer 6 of the relief we sought in terms of the notice of motion, where we seek an order.
“He seeks order in terms that the ANC be ordered to appoint an interim structure in terms of the ANC constitution instead of the North West Provincial Executive Committee, pending the election of a lawfully constituted PEC of the ANC in the North West.
“Mashatile heavily relied on the fraudulent NEC resolution purportedly taken at a meeting held on 26-29 July 2022 in order to persuade the honourable court to find in the ANC’s favour,” said Molefe.
According to Molefe, had they not brought this alleged fraud committed by Mashatile to the attention of the High Court in a form of a supplementary affidavit, Mashatile would have succeeded in misleading the court and therefore prejudicing the applicants.
The ANC national spokesperson, Mahlengi Bhengu-Motsiri said: “The ANC has noted reports of a case opened by someone who is said to be a member of the ANC in the North West Province.
“We wish to place it on record that leaders of the ANC act and discharge their responsibilities on behalf of the organisation, and not in their personal capacity.”
Bhengu-Motsiri said, consequently, any member of the ANC who has a grievance emanating from organisational processes should utilise the ANC’s dispute resolution mechanisms that are in place.
Meanwhile, the police national spokesperson, Athlenda Mathe confirmed that, there is a criminal case opened against Mashatile and the Hawks has taken it over for investigations.
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