Jonathan Paoli
The Gauteng High Court has set aside Ekurhuleni Regional Conference with costs to the ANC on Monday.
The court has ruled to invalidate the decisions, resolutions, and election results that arose from the ANC’s 8th Regional conference of the Ekurhuleni Region held at the Indaba Hotel in May 2022.
The court decision could have implications on the Gauteng provincial conference outcomes which saw Mzwandile Masina beat Doctor Xhakaza for another term as ANC Ekurhuleni Regional Chairperson.
More specifically, the conference saw at least 19 votes from 6 disputed branches being quarantined or set aside until their status had been resolved by the ANC Dispute Resolution Committee.
The conference was further marred by allegations of fraud and claims of unfair exclusion of branches.
In her judgment on Monday, Judge Denise Fisher held that the ANC’s own constitution was not adhered to by TK Nciza, who oversaw the preparations for the conference at the time. Nciza was elected as regional secretary at the conference.
Fisher found that “in order to conform to constitutional prescripts of justice and fairness, the taking of decisions must be in accordance with an empowering rule and must be procedurally fair.
“If the decision to qualify a member of a branch is not taken in a procedurally and substantively fair manner and this has a material effect on the rights of the applicants, the applicants are entitled to relief.”
In addition, it was found that Nciza and ANC first deputy secretary-general Nomvula Mokonyane unilaterally decided to exclude some branches from participating in the conference.
“Undoubtedly, the processes leading to the exclusion of the branches had no foundations in the guidelines or the constitution. The decision by Mokonyane to disqualify these branches on the purported complaint of Nciza is unlawful and void.” Fisher said.
Problematic fairness and non-adherence to rules could clearly be illustrated by the fact that the ANC national organising committee itself deemed the results questionable and decided on a quarantine.
The NEC decided to refer the matter relating to disqualified branches and quarantined votes back to the Provincial Executive Committee (PEC), with the Gauteng ANC PEC deciding shortly after its July conference that the regional conference matter had been settled.
The judgment furthermore held that the “NEC followed this up by abdicating its responsibility to a conflicted PEC, led by their very actor whose conduct was under scrutiny. In my mind, in doing this, it acted contrary to its duties under its own constitution and denied the applicants of their rights.”
The court found that what should have happened was for the Ekurhuleni ANC Caucus to hold a special regional council in June for the replacement of Masina.
Mokonyane said that she believed the election of the ANC’s Gauteng leadership would not be affected by the court’s decision and that she would speak to the party’s lawyers about the way forward.
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