By Thapelo Molefe
The Makhanda High Court has declared the ANC’s decision to appoint an interim Provincial Task Team (PTT) in the Eastern Cape unconstitutional, unlawful and invalid, marking the latest legal setback in the party’s protracted provincial leadership dispute.
In a judgment handed down by Judge Vuyokazi Noncembu on Thursday, the court suspended the operation of the 44-member task team and set aside its appointment, ruling that the ANC National Executive Committee’s (NEC) decision to replace the elected Provincial Executive Committee with the interim structure violated both the Constitution and the ANC’s own rules.
The ruling stems from a long-running battle over leadership in the Eastern Cape, where divisions emerged ahead of a provincial elective conference at which Premier Oscar Mabuyane was expected to seek re-election against then provincial secretary Lulama Ngcukayitobi.
That conference was successfully interdicted by disgruntled ANC members including Lwazi Rotya. Following the lapse of the provincial executive committee’s term, the ANC NEC appointed a Provincial Task Team led by Mabuyane. The decision was challenged in court by party members who argued that it was unlawful and contrary to the ANC constitution.
Judge Noncembu ruled that the announcement of the PTT’s appointment was unconstitutional in breach of Section 19 of the Constitution, unlawful and in violation of the applicants’ contractual rights as ANC members.
The court also found that the decision violated the ANC constitution and the party’s guidelines governing branch, regional, provincial and national conferences.
As part of the order, the court reviewed and set aside the appointment of the task team and declared any decision recognising or giving effect to it invalid.
The appointment of all 44 members of the Eastern Cape PTT was declared invalid, while all decisions taken by the structure were ruled unlawful, invalid and of no force or effect.
Members of the task team have also been interdicted from holding themselves out as members of the ANC Eastern Cape PTT or representing the province in any ANC structure, meeting, conference or activity pending the final determination of the matter.
In a strongly worded judgment, the court criticised the ANC’s conduct during the litigation and ordered the party to pay the applicants’ legal costs on an attorney-and-client scale.
Judge Noncembu said the ANC’s opposition to the matter suggested a lack of good faith and that the dispute could have been resolved without expensive litigation had the party been transparent with its members.
“The issues that arose in this matter could have been easily resolved between the parties without the costly litigation involved, had the ANC been upfront with its members,” the judge said.
The court further pointed to contradictory versions presented by the respondents and concluded that their conduct warranted a punitive costs order.
Following the judgment, ANC Eastern Cape spokesperson Yanga Zicina said the party would study the ruling and seek legal advice before deciding on its next move.
“The judge has granted an interim interdict, interdicting the PTT from operating as a structure pending the finalisation of the matter,” said Zicina.
He said the ANC would not simply accept the outcome and would consider all available legal options.
“This is an outcome that of course as the ANC we will not take lying down because if we do we believe that we could be on a path to be liquidated through the use of courts or the abuse of courts by those who fail to make their opinions heard in the formal structural processes.”
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