By OBAKENG MAJE
The North West High Court sitting in Mahikeng has dismissed the application by disgruntled ANC members, who wanted the court to declare the ANC’s 9th elective conference that was held at Rustenburg Civic Centre from 12 to 14 August 2022 unlawful, invalid, of no force and effect. The applicants, Lebogang Medupe, Lesego Serapelwane, Puso Moeng, Sello Molefe, and Itumeleng Moswane alleged that, the ANC provincial elective conference was organised by Interim Provincial Committee (IPC), even though its term of office lapsed.
However, the North West High Court’s Deputy President Judge, Tebogo Djadje dismissed the matter with costs. Djadje ordered the applicants to pay the application costs, which shall include expenses consequent upon the employment of two counsels, jointly and severally, the one paying the others to be absolved.
“This matter first came before the court on 25 August 2022 as an urgent application. The applicants sought an order that the application be heard as an urgent application in accordance with Rule 6 (12) of the Uniform Rules of this Honourable Court and that the applicant’s failure to comply with the rules relating to forms and service is condoned.
“They wanted the court to declare that, the ANC’s 9th Provincial Conference that took place on 12-14 August 2022 and subsequently postponed to the 26 August 2022 was held in violation of the ANC constitution as well as the court order of 12 August 2022 under case number: UM 152/2022 and the said provincial conference, its decision/resolutions and/or outcome are unlawful and be set aside.
“That the ANC be interdicted from continuing and/or finalizing the ANC’s 9th Provincial Conference of the North West scheduled for the 26-28 August 2022. 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 Provincial Elective Committee of the ANC in the province,” said Djadje.
Meanwhile, the ANC Provincial Executive Committee said they welcome the court decision. The ANC provincial secretary, Louis Diremelo said this is not in a triumphalist spirit, but a point of reflection as they believe the ANC has enough instruments to resolve any matter brought forward by its members.
“We believe this dismissal brings to an end a path that we believe should have never been traversed in the first place. We shall not deter from our commitment to building program-based unity of the movement, rebuilding and renewing our structures.
“We call on all movement members to focus on contributing to the agreed agenda of building our organization, its renewal, and uniting it as we prepare for the elections in 2024,” Diremelo said.
The Guardian 