Ezulwini Investments’ attorneys say they will continue attaching assets of the ANC in spite of the party stating it would approach the Constitutional Court following the Supreme Court of Appeal (SCA) ruling that it should pay the R102 million owed to the property development and investment company.
Ezulwini supplied the ANC with campaign material for the 2019 elections, but was not paid for its work. It later approached the courts to force the ANC to pay.
The ANC has failed three times to have the matter thrown out of court and going to the Constitutional Court (ConCourt) would be the fourth time.
Yesterday, ANC spokesperson Mahlengi Bhengu-Motsiri said, having studied the judgment, the ANC was of the view that the SCA did not consider new evidence that emerged from a forensic report.
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She said the report revealed crucial evidence which made it plain that there was no authorisation for the transactions in question and certain implicated individuals misrepresented their positions and authority.
Ezulwini Investments’ lawyer Shafique Sarlie said by bringing this application to court, the ANC was wasting time, resources and the nation’s breath.
“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 to take to the ConCourt?
“They must [understand] it is the end of the road for them.
“It’s not a long judgment, they have had the weekend and a few days to do something and they haven’t done anything because they cannot attack the judgment. There is no constitutional matter.”
On Monday, a sheriff was allegedly sent to Luthuli House to serve the party with a writ of attachment and start the process of attaching the party’s bank accounts.
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Sarlie said, as things stood, they would not stop attaching the ANC’s belongings until they had filed papers at the Constitutional Court.
“I am working on a Section 18 application in terms of the Superior Courts Act – we can ask the courts that this is an absurd application and a desperate attempt by the ANC to avoid payment.
“The court can give us the authorisation to proceed,” he said.
“We indicated over the weekend that, despite us not being required to give them time, we would still give them time.
“I don’t understand their reasoning and thinking. It’s mind-boggling what they are doing and what they hope to achieve.”
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