Disgruntled Eastern Cape ANC members have case thrown out with costs

The disgruntled group of Eastern Cape ANC members who headed to court last Monday to attempt to force the ANC’s national executive committee (NEC) to implement a recommendation from the Ndebele Appeals Panel have lost their case.

The four ANC members are understood to be supporters of former chairperson Phumulo Masualle.

The High Court in Johannesburg today dismissed their application, with costs. Judge Zeenat Carelse said there was nothing urgent about the matter.

Sbu Ndebele’s report on the disputed Eastern Cape provincial elective conference recommended that the Oscar Mabuyane-led provincial executive be disbanded, and that an interim structure be appointed until a rerun of the elective conference could be held, within three months.

However, ANC deputy president David Mabuza had already said the current Eastern Cape ANC provincial executive committee led by Mabuyane was the only legitimate leadership recognised by the NEC and the party had opted for a solution that would promote unity in the ANC. The party argued they could not be forced to implement their own internal recommendations.

The NEC had rejected Ndebele’s recommendation, with some in the NEC feeling his report was biased.

Had the dissatisfied members won the case, it would effectively have nullified the Nasrec ANC national conference as part of a ripple effect.

The NEC appointed Ndebele to head a task team to investigate the complaints by members opposed to the outcome of the October 2017 provincial elective conference, which was dubbed the “festival of chairs” and was marred by violence.

City Press reported on Sunday that the province’s new chairperson, Mabuyane, a Ramaphosa backer, felt the court application was evidence of a “plot” in the ANC to ensure a default judgment in favour of the unhappy delegates.

He alleged that ANC secretary-general Ace Magashule was meant to have signed the court papers in opposition, but did not do so on time, which could have led to a default judgment against his leadership of the Eastern Cape.

According to Mabuyane, he had to “wake up and call the SG and everyone nationally and ask ‘why are you not filing papers?’”

He told City Press the “plot” by “certain individuals whose names he did not want to mention” to destabilise the party in the Eastern Cape was perhaps scuppered in this way, though he remains concerned.

Although Magashule assured Mabuyane he “has nothing to do with these people”, Mabuyane said “we are watching”.