FS ANC drop Concourt appeal against ruling that PEC election was unlawful

The already under pressure Free State ANC provincial executive committee (PEC) has made a U-turn by withdrawing its appeal to a Supreme Court of Appeal (SCA) ruling.

The PEC wanted the Constitutional Court to set aside an SCA judgment which found that the 2018 election of the PEC in the Free State was unlawful.

News24 has seen a letter, dated 22 April 2021 from Moroka Attorneys, acting on behalf of the office of the ANC’s provincial secretary, in which they reversed the appeal.

“The ANC national officials as well as national working committee have directed the PEC that this matter be resolved through political and organisational processes and not through legal processes. The political and organisational process is currently proceeding. We wish to confirm that chairperson Cde (Sam) Mashinini did have the authority or was not mandated to file an affidavit on behalf of the PEC,” the letter stated.

Paseka Nompondo, currently serving as ANC provincial secretary, said no one should take instructions from anybody except his office in all matters relating to the Free State PEC.

It’s still not clear whether the latest developments will force Mashinini and ANC secretary-general Ace Magashule to be hauled before the party’s disciplinary committee.

The disgruntled members of the ANC in the Free State said the national executive committee (NEC) should issue an instruction that Mashinini shouldn’t be part of any unity talks or interim structure that follows.

On Wednesday, the provincial structure led by Mashinini told News24 they were well within their rights to appeal the SCA decision that disbanded their structure despite the ANC national working committee recommending that the impasse be resolved politically.

Mashinini denied defying the party’s constitution.

News24 reported that in court papers filed on Wednesday, Mashinini – whose position is in limbo as a result of the SCA judgment – disputed that the 2018 provincial conference was held illegally and unlawfully.

Mashinini said in his founding affidavit: “The SCA was wrong both on facts and law. Declaring invalid and unlawful the PEC that was lawfully elected by lawfully elected delegates at a ‘lawfully convened provincial conference’ of 18 and 19 May 2018, is a direct infringement of the constitutional rights of majority members of the ANC in the Free State who complied with the ANC guidelines and constitution by electing delegates [at] the provincial conference.”

He said the SCA got material facts wrong in its judgment.

The matter was first struck off the roll by the High Court, but the SCA upheld the appeal with costs.

ANC members Matshepo Ramakatsa, Themba Mvandaba and Shashapa Motaung had challenged the validity of the conference, which saw Mashinini replacing Magashule as provincial chairperson.

In court papers, Mashinini said the SCA’s interpretation of ANC laws “do not make sense”.

With the support of Magashule, he wanted the Constitutional Court to grant them leave to appeal the matter, arguing that the SCA “materially misdirected itself in this matter and incorrectly overturned the judgment and orders of the High Court”.