By Thapelo Molefe
The East London High Court has interdicted this weekend’s ANC Eastern Cape Provincial Elective Conference, ordering the party to postpone the gathering until internal disputes raised by branches are resolved.
The urgent application was brought by ANC members Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzothwa, who sought to interdict the conference on the basis that it was being convened despite unresolved grievances over delegate verification and internal processes.
Acting Judge Babalo Metu directed the ANC PEC, Secretary-General Fikile Mbalula, the provincial secretary and other respondents to comply with the party’s governance instruments, including conference guidelines and its Constitution.
In its ruling on Thursday — just a day before the conference was set to begin — the court found that the gathering could not lawfully proceed while internal disputes remained unresolved, effectively halting preparations at the eleventh hour.
Reacting to the judgment, ANC national executive committee (NEC) convenor of deployees Mmamoloko Kubayi said the party would challenge the decision, but could not indicate when.
“We have no intention of defying the court. The court has ruled. We have assured the national office that we will not do anything outside the guidelines of the court and our lawyers,” said Kubayi.
“We have called our structures and informed them about the judgment. Members are still arriving at the conference.
Kubayi added that the ANC intended to file supplementary documents in line with the court process in an effort to allow the conference to proceed.
“We intend to continue with the conference. That’s why we want to return with supplementary documentation, as requested by the judge, and ensure that we are able to comply,” she said.
The applicants argued that the party’s internal dispute resolution mechanisms had failed to adequately address complaints before the conference was scheduled.
One of the applicants, Rotya, described the court’s decision as a victory for members who had raised concerns about irregularities.
“There is no way that you convene a conference with a lot of complaints that are not resolved,” Rotya told Inside Politics outside court.
He claimed that internal processes had been “weaponised” against certain members and that branches were not given sufficient time to appeal decisions related to delegate verification.
Rotya said the verification report was released only days before the conference, leaving branches unable to exhaust the ANC’s internal appeals structures, including the PDRC, NDRC and NDRCA.
“We were never afforded that opportunity,” he said.
He added that evidence of alleged irregularities would be presented as the case continues.
ANC Nelson Mandela Bay branch delegate Luyolo Nqakulo told Inside Politics the court action should prompt reflection within the organisation.
“I think it’s a moment for the ANC to reflect on the integrity of its own processes,” Nqakulo said.
He said members who approached the court should be commended for raising concerns about governance and internal accountability.
Despite the ruling, ANC Eastern Cape provincial spokesperson Yanga Zicina maintained that the party would act swiftly to challenge the decision.
“We will comply with the requirements of the court, but we know what remedies are available to us. We are filing an immediate appeal so that we can proceed with the conference,” Zicina said.
The conference, which was expected to elect new provincial leadership, now hangs in the balance pending the outcome of the appeal and the resolution of internal disputes.
By late Thursday, Inside Politics witnessed provincial delegates continuing with registration despite the court ruling.
INSIDE POLITICS