By Thapelo Molefe
ANC Secretary-General Fikile Mbalula has placed the party’s Eastern Cape provincial elective conference “in abeyance until further notice” pending the conclusion of court processes.
This is according to ANC NEC deployee Mmamoloko Kubayi, who confirmed that the conference has been suspended as a legal battle intensifies over allegations that party leaders defied a court order interdicting the gathering.
Kubayi said the decision followed consultations with national leadership.
The move comes after the East London High Court granted an urgent interdict stopping the conference, which was due to take place this weekend. The ruling, delivered on Thursday, found that the party had failed to follow its own constitution and conference procedures.
“The Secretary-General has decided that he will put the conference in abeyance until matters before the courts are concluded,” she said.
The suspension comes as three ANC members — Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzothwa — filed an urgent contempt of court application in the same court on Friday.
They cite Mbalula, Kubayi and Eastern Cape ANC chairperson Oscar Mabuyane, among others, as respondents, accusing them of proceeding with the conference despite Thursday’s interdict.
In court papers, the applicants argue that the respondents “intentionally breached” the order, which barred the ANC from holding the conference from Friday to Sunday pending the resolution of disputes.
They describe the alleged conduct as a “brazen attack on the authority of the court and the rule of law”.
“The respondents have intentionally breached the order. They are proceeding with the provincial conference despite the clear terms of the order,” the founding affidavit states.
The applicants argue that the ANC’s attempt to appeal the ruling did not suspend the order, as it is an interim interdict and remains binding.
They add that the application for leave to appeal was filed “in less than an hour” and was intended to “suspend the coming into operation of the court order”.
Central to the contempt bid are remarks attributed to Kubayi shortly after the ruling, in which she allegedly indicated that the conference would proceed despite the court order.
The applicants say this conduct was “contemptuous of the court” and amounted to incitement to defy the judiciary.
“She stated that the conference would go ahead notwithstanding the clear terms of the order. She did so in a manner which is contemptuous of the court,” the papers state.
Kubayi, however, defended her comments at a media briefing, saying: “To say a judgment is irrational is within the bounds of the law,” adding, “It’s not an attack on the court; it’s a reflection.”
The application also targets the ANC’s Eastern Cape Provincial Executive Committee, accusing it of allowing the conference to proceed in violation of the court order.
According to the affidavit, party leaders were present in court when the order was granted and were fully aware of its contents, yet “elected not to comply”.
“They were aware of the order. They understood its terms. They nonetheless elected not to comply,” the applicants state.
They are asking the court to declare the respondents in contempt and to impose sanctions, including possible imprisonment of up to 15 months for key leaders.
They also want any decisions taken during the conference after the interdict to be declared invalid.
“The conduct of the respondents threatens the credibility of this court and the rule of law,” the applicants say.
The matter has been enrolled for an urgent hearing, with the applicants arguing that “the interests of justice call for a swift response”.
Analysts warn the divisions could have electoral consequences, particularly in provinces where the ANC traditionally dominates.
While the Eastern Cape conference has been halted, proceedings in Limpopo are continuing after a court challenge was dismissed. In Mpumalanga, the province elected new leaders on Friday.
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