By Thapelo Molefe
The African National Congress (ANC) has withdrawn its application for leave to appeal an interim court order that halted its Eastern Cape 10th provincial elective conference, marking a shift in legal strategy in a dispute that has exposed deep divisions over membership processes in one of the party’s key regions.
In a statement issued on Wednesday, the party confirmed that it, together with Secretary-General Fikile Mbalula, had formally filed a notice to withdraw the appeal at the East London Circuit Court in the Eastern Cape.
The move follows the release of the presiding judge’s reasons for granting an interim interdict that stopped the conference in March.
ANC national spokesperson Mahlengi Bhengu said the decision was taken on legal advice after studying the judgment.
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“The withdrawal follows the receipt of the learned judge’s formal reasons for the interim order and was taken on the considered advice of our legal team,” she said.
The court order, granted on 25 March by acting judge Babalo Metu, prevented the ANC from proceeding with its 10th provincial elective conference. The urgent application had been brought by a group of party members from Buffalo City, led by Lwazi Rotya, who challenged the integrity of the party’s branch verification process.
At the centre of the dispute is a verification report compiled under Mbalula’s office, which found that the province had met the required 70% threshold of audited branches to convene a conference. The applicants argued that the process was flawed and violated both the ANC constitution and Section 19 of the national Constitution, which guarantees political rights.
In his ruling, Metu found that the applicants had established a prima facie right to halt the gathering, citing unresolved disputes over branch general meetings, incomplete verification reports and the failure by the provincial executive to ratify key findings before the conference was scheduled to begin.
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The judgment effectively forced the ANC to postpone the high stakes conference, which was expected to determine the future leadership of the province.
The Eastern Cape remains a strategic stronghold for the party, with its provincial leadership playing a significant role in shaping national dynamics ahead of broader electoral contests.
Despite the withdrawal of the appeal by the national leadership, the ANC’s provincial structure has signalled it will continue to challenge the court ruling through other legal means. Provincial spokesperson Yanga Zicina said the provincial executive committee had not abandoned the legal fight.
“We are forging ahead with the legal battle and are applying different tactical considerations insofar as our legal strategy is concerned,” Zicina said.
“We’re under legal advice on which tactics and what options are best available to us. The ANC is forging ahead with the processes to ensure conference seats. We are basically applying a different legal strategy.”.
Bhengu said the ANC remains confident it can demonstrate compliance with both court directives and its own internal rules.
“These avenues will enable the African National Congress to demonstrate, on a full evidentiary footing, that the movement has adhered to the order of the Court, and that the membership records and administrative processes of the ANC in the Eastern Cape are sound and consistent with the Constitution of the African National Congress,” she said.
The party has indicated that instead of pursuing an appeal, it will use alternative legal processes to present evidence addressing concerns raised in court. This approach is expected to focus on resolving disputes around branch audits, delegate accreditation and membership records, which have been at the heart of the litigation.
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The ANC has reiterated its commitment to the rule of law and the authority of the courts, emphasising that the conference will only proceed once all legal and constitutional requirements have been satisfied.
“The convening of the Provincial Elective Conference of the Eastern Cape will be undertaken in accordance with the ANC Constitution and consistent with the directions of our courts of law,” Bhengu said.
