Luthuli House assets safe as ANC applies to ConCourt

The ANC says it has the money to pay off the R102 million the party owes to Ezulwini Investments and it was not at the risk of liquidation, following reports to the contrary.

The ANC got a breather after filing papers at the Constitution Court to challenge the Supreme Court of Appeal (SCA) ruling that it must pay the R102 million it owed Ezulwini Investments.

Sheriff was prevented from entering Luthuli House

Yesterday, the sheriff, who was instructed to begin seizing ANC assets, was prevented from entering Luthuli House.

The sheriff arrived at the ANC’s headquarters just after 8am. However, security closed the roller door and the sheriff left empty-handed about 20 minutes later.

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The roller door was opened after the sheriff left.

ANC takes matter to ConCourt

ANC national spokesperson Mahlengi Bhengu-Motsiri said following the unfavourable judgment by the SCA that the ANC would take the matter to the Constitutional Court, which then postponed the SCA decision by relevant legislations.

Bhengu-Motsiri said the party found it curious that the sheriff had arrived, despite their legal team communicating with their counterparts to stay the application of the court order pending the appeal.

“Failed attempts were made to proceed with the attachment with attachment order. We can only conclude that this is an attempt to create a spectacle where none is warranted,” she said.

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She said in the case of Ezulwini Investments, there were several procurement processes and policy bridges which, on the face of it, were tantamount to irregularities and fraud.

“In fulfilment of the ANC’s renewal agenda, as mandated by the 55th national conference, we believe it is pertinent to pursue all legal avenues in an effort to reverse questionable actions of the recent past.”

‘ANC has the money to settle the matter’

Bhengu-Motsiri said the party did not stand any chance of liquidation and had the money to settle the matter.

“We are not settling on this matter, we are exercising our rights in law like any other legal entity in this country,” she said.

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“We have a right to approach the highest court in the land, like any other political parties and other players in society.

“The trucks that included the deputy sheriff were an irregular and illegal thing because ANC lawyers wrote to their counterparts at Ezulwini somewhere on Friday, if I’m not mistakenly advising that we had approached the Constitutional Court, whereupon between them as legal teams agreed that they would then advise the office of the sheriff to hold on the liquidation order which was supposed to happen this morning.

“As to why that was not observed, you have to guess for yourselves.”

‘ANC obstructed the sheriff from executing his mandate’

Speaking to The Citizen, Ezulwini Investment lawyer Shafique Sarlie said the ANC had obstructed the sheriff from executing his mandate, which was unlawful.

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Sarlie said the ANC had finally properly filed with the register of the Constitutional Court (ConCourt) the Rule 19 for leave to appeal the judgment of the SCA.

“Automatically, we can not execute until we dispose of that application, so we have been stopped,” he said.

Sarlie said recently by bringing this application to court, the ANC was wasting time and resources.

“I am very curious about what they are going to put in their application for leave to the ConCourt in terms of Rule 19,” he said. “The rule says you must have a constitutional matter.

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“How can they suggest they have a constitutional matter?

“They must [understand] it is the end of the road for them.”