Aggrieved ANC North West members want conference declared null and void

ANC members and their legal team challenging last August ANC North West provincial conference and its outcomes have expressed unhappiness at the failure of the North West high courts failure to furnish them with a reason for dismissing their application up until now.

‘Conference must be declared null and void’

Seven aggrieved ANC branch members took the newly elected North West ANC provincial executive committee (PEC) to court asking it to declare the entire conference that elected the PEC null and void. They alleged numerous irregularities occurred including the duplication of delegates at the conference, held at Rustenburg Civic Centre from 12-14 August 2022.

NOW READ: ANC North West chair accused of changing allies

Matter dismissed

But in December the high court dismissed the matter without explanation. In his ruling, judge Andre Peterson said the matter was dismissed but “the reasons for the order shall follow in due course”.

Instructing attorney in the matter Kimberly Chimwala said they wrote to the judge requesting to be furnished with the reasons for his ruling but there is no response yet from him.

“We did consult with the judge-president and we will go back to the JP for an update on the matter. We intend to appeal the ruling aided by the reasons from the judge,” Chimwala said.

Experts weigh in

Legal experts including Chimwala said it may not be unprecedented but it was rare for a court to give a ruling without explanation especially on a sensitive political matter for so long.

Applicants speak

One of the applicants, Pakiso Mqikela from Matlosana, confirmed that up to date they had not been furnished with reasons for the dismissal of their matter.

“We don’t have any reason why our case was dismissed, there may be a political agenda because we have never heard of a ruling that had no explanation,” Mqikela said.

Another applicant, Gabriel Nkgweng, from Bojanala district said: “The judge dismissed our matter, we made follow up in writing to be furnished with reason because we want to pursue the matter further. We might even petition the Constitutional Court because we believed that the judge erred and he has not responded to us,” Nkgweng said.

He said what they presented to the court in Mmabatho was what they observed at the provincial conference in August. Those who complained and went to court are actually delegates from ANC branches carrying the mandate from their branches,” Nkgweng said.

In the December court hearing, the applicants were represented by senior counsel Advocates Tembeka Ngcukaitobi, advocate PJ Ngandwe and advocate K. Lefaladi instructed by Chimwala Attorneys Incorporated.

ALSO READ: ANC North West: Regional branches now taking control following internal clashes

ericn@citizen.co.za