The ANC’s Luthuli House and the party’s North West provincial executive committee (PEC) say they have been vindicated after the…
The ANC’s Luthuli House and the party’s North West provincial executive committee (PEC) say they have been vindicated after the Supreme Court of Appeal (SCA) in Bloemfontein on Friday ruled in their favour in a challenge of their political legitimacy and authority.
The court ruled that ANC national executive’s decision to intervene in the provincial conference that elected the PEC, was not in violation of the ANC constitution. Also, it said the former interim provincial committee (IPC) was valid and able to organise the conference in 2022.
The ANC’s North West provincial secretary, Louis Diremelo, welcomed the court ruling as a “victory for unity, stability, ongoing renewal and rebuilding programme”.
“This landmark judgment reaffirms the legitimacy of the ANC’s internal processes and underscores the importance of organisational discipline and adherence to the party’s constitutional framework,” Diremelo said.
In the case, the NEC’s power to oversee and preside over the PEC election and then IPC’s authority to organise the elective conference in August 2022 were questioned and challenged by disgruntled party members. The disgruntled members approached the high court in Mahikeng, accusing the ANC of violating the party constitution.
In August 2018, the ANC NEC dissolved the previous PEC and appointed a provincial task team. The PEC then successfully challenged its disbandment in the high court, which declared that the NEC’s actions were unlawful. The NEC then appointed the IPC in August 2019.
The IPC, then led by Hlomane Chauke as interim coordinator, organised the elective conference after its nine-month office period had expired. This led some members to challenge the legitimacy of the process, including the PEC election and the resolutions adopted at the conference.
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In court, the members, including Lebogang Medupe, argued that the IPC’s term expired on 29 April 2022 in terms of the ANC rules. Furthermore, the members believed that the NEC was not a competent structure to preside over the election or the conference, but rather it should have been the IPC.
But the court heard that the conference was delayed due to the Covid-19 pandemic, hence there were several extensions of the IPC term, allowing the IPC to organise the conference. The high court subsequently ruled against their application, but stated that the IPC would not have voting powers at the conference.
The members decided to appeal the high court ruling at the SCA. The SCA had to determine the audacity of the IPC to call the conference and whether the NEC was empowered by the ANC constitution to take control of the PEC elections as it did.
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It was found that the IPC’s term of office was tied to the period of the PEC’s dissolution, rather than being strictly tied to the nine-month time frame given to call the election.
“Since unforeseen circumstances such as the Covid-19 pandemic made it impossible to hold elections within nine months, the IPC’s mandate continued until a new PEC was elected. Therefore, the IPC was still in office and had the authority to call the provincial conference,” the SCA said.
Regarding the NEC’s role in overseeing the provincial conference, the SCA found no evidence of improper conduct at the conference and no violation of the ANC constitution. The court stated that the NEC’s intervention was justified after the IPC was barred from voting (by the Mahikeng court ruling).
“The NEC had a constitutional duty to ensure that the elections proceeded in the absence of a provincial structure,” the SCA said. The appeal court stated that the ANC constitution’s Rule 12.2.20 granted the NEC broad powers to uphold the ANC’s objectives.
Diremelo urged all ANC members and structures in the North West to respect the judgment and focus on strengthening the ANC and preparing for the upcoming 2026 local government elections.
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