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Supreme Court of Appeal Declares 2018 ANC Free State PEC Election ‘Unlawful’

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THE Supreme Court of Appeal (SCA) has ruled that the 2018 election of the ANC’s Free State Provincial Executive Committee (PEC) was unlawful and unconstitutional.

Disgruntled ANC members of the provincial party challenged the PEC’s election, saying audits of branches were not conducted as per guidelines.

At the 2018 conference, Police, Roads and Transport MEC Sam Mashinini was elected to replace the governing party’s secretary-general Ace Magashule.

In the application, the disgruntled members maintained: “The BGM that was held on May 13, 2018, only saw a total of 19 members who attended. This is approximately 3% of the branch’s total membership. The reason for the exceptionally low attendance is plain. Members were not invited. The second respondent (ANC Free State PEC) does not even allege that members were notified of the BGM that was held on 13 May 2018. No real attempt was made to lawfully convene a BGM for this affected branch.”

The ANC released a statement on the ruling on Wednesday and said the party’s National Executive Committee will convene urgently to give direction.

“We call on all ANC structures in the province to remain disciplined and calm whilst we study the judgment and its implications for the movement, and in particular the Provincial Executive Committee elected at the Conference,” the statement read.

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