Durban - The long-awaited elective conference of the ANC in Mpumalanga, which is billed to be held in the frigid coal mining town of Witbank (Emalahleni), is facing a legal threat after four members of the governing party indicated their intention to interdict it.
The four members, Mahlangu Edward Mhlonishwa, Fakazi Shongwe, Vilanculo Franscisco, and Vusi Mabena have instructed Pretoria-based law firm, JL Raphiri Attorneys to pursue the interdict should no amicable settlement be reached.
According to the lawyer’s letter in possession of Independent Media and which was sent to the ANC on Monday shortly after ANC treasurer general Paul Mashatile announced to the media that the provincial conference will go ahead this weekend, they are arguing that the roadmap conference is littered with unconstitutional conduct that cannot be easily overlooked.
In the main, they argue that the provincial task team (PTT) which has been presiding over the processes leading to the conference was illegitimate and it was a product of an illegal decision.
They argue that the national working committee (NWC) of the ANC had no right to disband the provincial executive committee (PEC) and replace it with the PTT. According to them, only the ANC's NEC (National Executive Committee) is constitutionally empowered to take such a decision and the NWC can only recommend matters to be ruled upon.
BREAKING NEWS: ANC members in Mpumalanga are preparing court papers to interdict the provincial elective conference billed for this weekend in Witbank. They want the ANC to urgently stop it as they claim the road to the conference was riddled with anomalies. @IOL @IOLPolitics
— Sihle Mavuso (@ZANewsFlash) March 29, 2022
They claimed that they were initially in the process to fight that decision in court and were taken aback when Mashatile announced that the provincial conference will go ahead this weekend despite their pending challenge.
“We are instructed that, the NWC is a subcommittee of the NEC with no authority to appoint the Interim Provincial Executive Committees of the ANC. We are instructed further that, the decisions of the NWC serve mainly as recommendations to NEC and that, until such recommendations are ratified by the NEC, in accordance with the ANC constitution, such recommendations have no force of law.
READ THE LETTER
“Our instructions are that there are exceptional circumstances, wherein there may be an express prior mandate given by the NEC to the NWC or any other structure regarding any specific matter falling within the domain/purview of the NEC, delegating such a matter to the NWC and/or any other sub-structure. Such a structure, we are advised, would exercise such duties as delegated to it by the NEC,” reads the letter.
The members said they have noted that, on January 17, 2022, the office of the secretary-general granted the Gauteng PEC an extension so it may hold its elective conference at the end of May 2022. As such, it is their considered view that no prejudice will be suffered by the ANC if the Mpumalanga elective conference is mothballed until a later date.
“Kindly consider the contents of this letter with a view that an amicable solution may be reached… We are in the process of finalising an urgent application paper to interdict the elective conference. However, our clients would welcome an amicable solution…
"Our clients instructed us to convey to you that, they thought hard prior to taking this action and they feel ethically bound to step forward, to lead by example by interdicting the elective conference because the process leading to this elective conference is fraught with procedural irregularities… Our clients’ rights are strictly reserved,” concludes the letter.
The ANC in Mpumalanga has been in political turmoil since 2017 when former provincial chairperson, David Mabuza, was elected as the party’s deputy president, leaving a vacuum that is yet to be filled.
Recently, ANC president, Cyril Ramaphosa visited the province to try to bring about peace, and it appears that his efforts yielded no positive results.
The national spokesperson of the ANC, Pule Mabe, was yet to response on whether he is aware of the application or not.
Political Bureau