Mashatile accused of falsifying affidavit to mislead court into ruling in favour of ANC

ANC deputy president Paul Mashatile could be investigated on allegations of perjury, fraud and forgery after an ANC member challenged him for misleading the North West High Court in Mahikeng, when he submitted an alleged falsified affidavit to justify the reappointment of the then North West ANC interim provincial committee (IPC).

According to a complaint statement by ANC member Sello Molefe, from Ipelegeng Township in North West, Mashatile knowingly submitted the affidavit to the high court with the intention to mislead the court into finding in favour of the ANC and to prejudice the applicants, who asked the court for an order on the legitimacy of expired IPC and to declare the ANC provincial conference and its decision null and void.

ANC IPC ‘unconstitutional’

The applicants argued the ANC IPC that organised the elective provincial conference to elect the provincial executive committee (PEC) was unconstitutional as its term of office had lapsed.

In his complaint statement, Molefe said disgruntled members sought an order in the court to nullify the ANC provincial conference that took place in Rustenburg in August 2022.

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To counter the application, Mashatile allegedly submitted an affidavit in court saying the IPC was reappointed by the ANC national executive committee (NEC) during its meeting on 26 to 29 July, 2022.

In his affidavit, Mashatile said the NEC had formally dissolved the old PEC in terms of Rule 12.24 of the ANC constitution, which empowers the NEC to suspend or dissolve a PEC where necessary. Subsequently, the ANC provincial conference went ahead and a new PEC for the North West was elected.

The dissatisfied members questioned the legitimacy of the provincial conference and its decision, including the PEC elections.

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Molefe disputed the contents of Mashatile’s affidavit on the NEC meeting and its resolution to reappoint the IPC. He said this was not true as no ANC NEC meeting sat on the date in question and no resolution was made to reappoint the expired IPC.

Molefe claimed Mashatile had falsely and fraudulently made up the NEC resolution taken on its 26 to 29 July, 2022 meeting that never happened.

ANC defends Mashatile

The ANC at Luthuli House was quick to defend Mashatile, saying it noted reports of a case opened by “someone who is said to be a member of the ANC” in the North West.

“We wish to place it on record that leaders of the ANC act and discharge their responsibilities on behalf of the organisation and not in their personal capacity,” the ANC said in a statement.

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“Consequently, any member of the ANC who has a grievance emanating from organisational processes should utilise the ANC’s dispute resolution mechanisms that are in place.”

The party said according to its records, all decisions pertaining to the erstwhile IPC and the subsequent election of the PEC were handled in accordance with ANC guidelines.

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“The ANC will respond as and when required to do so by relevant authorities,” the statement said.

– ericn@citizen.co.za