Supreme Court nullifies ANC Free State PEC election
The Supreme Court of Appeal (SCA) has reversed the 2018 election of the African National Congress (ANC) Provincial Executive Committee (PEC) in the Free State.
This was after disgruntled ANC members Matshepo Ramakatsa, Themba Mvandaba and Shashapa Motaung, approached the courts to challenge the validity of a conference, which saw Sam Mashinini replacing Ace Magashule as provincial chairperson. Magashule left his post to take on his role as secretary general at Luthuli House.
The trio argued among other things, that at least eight branch general meetings, therefore the conference could not be held and would be in violation of a ruling by the High Court in Free State in 2017.
SCA: ANC Free State PEC election ‘unlawful and unconstitutional’
The SCA has now found that the conference was unlawful and unconstitutional and upheld the appeal with costs.
“The order of the Court below is set aside and replaced by the following: It is declared that the Provincial Conference for the Free State Province that took place on 18 and 19 May 2018 was held in violation of the Court order of 29 November 2017 under case number 5942/2017 and that the said Provincial Conference, its decisions/resolutions and/or outcome are unlawful and unconstitutional. The declaration of invalidity mentioned in paragraph 3 of the order shall only be effective as from the date of the delivery of this judgment”
The Supreme Court of Appeal (SCA)
Matshepo Ramakatsa, Themba Mvandaba and Shashapa Motaung alleged that the necessary audits at ANC branches had not taken place, prior to the conference.
”The ANC’s conduct of its affairs in the Free State has been riddled with irregularities and unlawfulness. Even after two separate high court proceedings holding that the ANC in the Free State had acted unlawfully, the May 2018 provincial conference was still unlawful,” reads their SCA application.
Reacting to the judgement, the ANC’s national spokesperson Pule Mabe said the NEC – the party’s highest decision-making body, would be meeting.
“We call on all ANC structures in the province to remain disciplined and calm, whilst we study the judgment and its implications for the movement, and in particular the Provincial Executive Committee elected at the Conference. The National Executive Committee will convene urgently to give direction,” Mabe said.
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