As the ANC leadership battles heat up ahead of the party’s crucial elective conference in December, calls have risen for the organisation’s national executive committee (NEC) members to be arrested for contempt of court.

Several of the ANC NEC members, including the party’s acting secretary general, Paul Mashatile, are currently vying for top positions within the party.

However, an ANC member from KwaZulu-Natal believes that the ANC NEC members should be in prison, and ‘not contesting for higher positions within the party’.

Nkosinathi Shabalala, who is a member in the party’s Josiah Gumede region, which includes the Bergville area, wants the entire NEC put behind bars following the party’s national leadership’s failure to implement a South Gauteng high court order which went in Shabalala’s favour.

Following Shabalala’s court application, the court ruled that the region’s Anton Lembede branch — which last year held a branch general meeting (BGM) in preparation for the party’s regional conference — should hold a fresh BGM as the previous meeting had been irregular.

In court papers seen by The Witness, the court gave the ANC national leadership 30 days to comply with the order. However, four months after the court issued the order, the leadership is yet to comply.

“If former president Jacob Zuma was sent to prison for defying a court order, why should they be allowed to roam the streets after breaking the law? They are in contempt of court.”

While the dispute, which led to Shabalala dragging the ANC national leadership to court, concerns a single ANC branch in the Josiah Gumede region — the court’s ruling could have wider implications for the party.

Following its BGM — which the court has found to be irregular — the Anton Lembede branch went on to participate in the party’s regional conference which elected regional executive committee (REC) members.

According to the court documents, 70% of ANC branches should hold valid BGMs for the party’s regional conferences to go ahead.

Had the ANC national leadership done the right thing and disqualified the Anton Lembede branch from participating in the regional conference, Shabalala says, the regional conference, which took place in December, would not have proceeded.

“For the regional conference to sit, 53 branches in the region needed to pass the audit. Had the ANC national leadership done the right thing, only 52 branches in the region would have qualified to participate in the conference — that would have fallen short of the 70% threshold which is required for any regional conference to go ahead.”

“In other words, an illegitimate branch was allowed to participate in the regional conference so that the 70% threshold could be met — this goes against ANC guidelines,” says Shabalala.

He says the REC which was elected during the regional conference, was elected during an illegitimate regional conference.

“The July court order automatically dissolves the REC. As we speak, that REC is illegitimate.”

In August, the ANC Josiah Gumede REC went on to participate in the ANC KZN provincial conference held in Durban.

The inclusion of members of the Josiah Gumede REC in the provincial conference, Shabalala says, rendered the provincial conference illegitimate as well.

“It therefore goes without saying that the outcomes of that provincial conference are null and void. So, the current ANC PEC should vacate office.”

On Tuesday, ANC Josiah Gumede regional secretary, Bonga Hlomuka, told The Witness that Mashatile and the party’s national leadership were due in court yesterday to rescind the July order.

However, The Witness could not find the matter on any of the South Gauteng High Court rolls.

Shabalala says the ANC leadership had not made any application for the rescinding of the July court order.

“I’m an applicant, and if there was anything of that nature I would have been notified. The matter which is currently on the court roll is that of the ANC national leadership’s contempt of court.
That matter will be heard on November 14. That’s when we will ensure that Mashatile is arrested for contempt of court,” says Shabalala.

ANC national spokesperson, Pule Mabe, says the party would only comment after receiving a briefing from the organisation’s lawyers.

ANC KZN provincial spokesperson, Mafika Mndebele, insists that the court order had nothing to do with either the Josiah Gumede regional conference or the party’s provincial conference.

“It’s about a single ANC branch.”