ANC Mpumalanga elective conference drama just disruptive tactics

The application to interdict the ANC Mpumalanga elective conference this weekend might not hold water since the argument that the national working committee (NWC) acted beyond its powers to establish a provincial task team was incorrect, said political analyst.

Members within the provincial party had approached the courts for an urgent application to interdict the elective conference scheduled from 1 – 3 April.

ANC members Vilanculo Francisco and Edward Mahlangu want the court to review and set aside the conference, stating that the NWC dissolving the provincial executive committee (PEC) earlier this month was beyond their powers and unlawful.

The pair wants the court to rule that only the national executive committee (NEC) of the ANC had powers to dissolve the (PEC) of the ANC and appoint a task team.

Therefore, the pair argued, the structures that were placed after the dissolution did not have powers to proceed with the elective conference.

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But that was not entirely true as the NWC had jurisdiction to put together an interim provincial executive council on permission or instruction by the national executive committee, political analyst Andre Duvenhage said.

“The general principle is that the highest decision-making body within the ANC between conferences is the NEC and only the decisions of the NEC can be regarded as binding. That is the legal position.”

“The NWC is basically the cabinet of the MEC. But any decision they are taking should be ratified by the NEC of the ANC. In that sense, my understanding is that they [NWC] are right.”

While the disgruntled members waited for an outcome the conference was going ahead as planned either way as an application did not mean a final court ruling, ANC spokesperson Pule Mabe told The Citizen.

“[The elective conference] is going ahead because we planned to have it this weekend. It only becomes interdicted when approved by the court. We will be guided by the court. The only way for the conference to stop is if there is a court ruling. We are going ahead with the conference as we have planned,” he said.

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The attempt to interdict the conference could be to disrupt the process since ANC president Cyril Ramaphosa had majority support within the NEC. Delaying tactics could be at play, said Duvenhage.

“What may lie behind this? The only thing I can think of is to disrupt the process and play for time and follow another format to stop the process and put a spanner in the works.”

Mabe however said issues within the party should be handled internally and not through the courts.

“If there are four members in Mpumalanga who feel aggrieved and disgruntled, our appeal to them is to approach the members of the NEC to adjudicate on concerns they have. We need to show the people of Mpumalanga that the ANC is capable of solving our own problems without having to look at external bodies to adjudicate our own issues.”

The interdict had included the names of Vusi Mabena and Fakazi Shongwe. The ANC in the province however said the latter two had distanced themselves from the application, with a signed police affidavit seen by The Citizen where Shongwe confirms he knows nothing about it.

Duvenhage agrees that the issues did not require a legal process and should be solved within the structures of the party. It could mean the conflict had escalated to a new level.

“The conflict is at such a level that you need a third party to become involved in dealing with the process and that is what is happening. It’s not the first time. This is happening more regularly than it was in the past.”

The province last had their elective conference in 2015 which was led by David Mabuza until his departure in 2018.

rorisangk@citizen.co.za