Two ANC Free State members have reportedly made an urgent application to the Bloemfontein High Court to have the provincial executive committee (PEC) dissolved and chairperson Ace Magashule removed.
ANC members Mcebisi Bokwa and Lonwabo Dyi said the PEC’s term expired on May 12.
“They, therefore, no longer hold office and cannot perform any acts in their capacity as members of the PEC. They are still less entitled to act as PEC at present. They simply do not have the power or authority to do so,” an affidavit seen by News24 stated.
The members said Magashule and his PEC had been acting as if they still hold office, adding that decisions taken by them were “void, irregular and directly contrary to and in blatant breach of the provisions of the [ANC] constitution”.
They are now asking for the national executive committee (NEC) to appoint an interim structure until the province’s elective conference, which will take place from December 1-3.
However, ANC Free State spokesperson Thabo Meeko told News24 the PEC was legitimate according to the law, as well as the ANC constitution.
“The reality is that we have unprincipled … ANC comrades who are exploiting the grey area of the [ANC] constitution. There [has] been another outcome in court for the PEC to sit in December. We have not seen these papers except that we are proceeding with our elective conference,” he said.
ANC secretary-general Gwede Mantashe told the publication he took no notice of members who ran to the courts instead of dealing with issues internally.
“The Free State is going to a conference, and they were allowed by the courts. Now we have some who want a further demand to have the PEC dissolved. It’s complete abuse,” he said.
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