ANC flag. Picture: Michel Bega
The ANC Eastern Cape members who sought to interdict some branches from participating in the party’s provincial elective conference have failed after the case was struck off the roll.
On Saturday, five disgruntled ANC members from the Dr WB Rubusana region filed their interdict papers at the Eastern Cape High Court in a bid to enforce an existing court order.
One of the members, Ondela Sokomani, said they were of the view the branches – implicated in the membership manipulation – in the WB Rubusana region should not be allowed to participate in the conference.
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The provincial party is currently holding its ninth elective conference at the International Convention Centre (ICC) in East London.
Eastern Cape premier Oscar Mabuyane, provincial treasurer Babalo Madikizela and provincial legislature deputy speaker Mlibo Qoboshiyane are in contention for the provincial chairperson position.
During Saturday’s court proceedings, the ANC asked the court to strike the interdict from the roll as it was not urgent.
“Why should your lordship on a Saturday be in court? It has not been established why the matter is so exceptionally important that it should sit on the weekend,” advocate Apla Bodlani, counsel for the ANC, said.
Bodlani indicated that the ANC sought costs, including that of two counsel, from the applicants, further insisting that the case was “hopeless” and “has been hopeless from the beginning”.
Meanwhile, the applicants’ legal representation, advocate Dumisani Skoti, said the ANC members were not interdicting the conference as well.
“The applicant is not interdicting the ANC conference, the applicant is saying the Rubusana region cannot participate knowing the pending matter,” he said.
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Skoti also argued that the registration of Rubusana in the conference was inconsistent with a previous court order thereby leading to contempt of the court in that the internal appeals of various branches had not been finalised.
After hearing arguments from both parties, Judge Justin Laing delivered his ruling, saying the applicants failed to demonstrate why the matter was urgent.
“The applicants have not indicated the basis upon which this court can be approached on an urgent basis for the relief sought.
“In the circumstances the court is not prepared to deal with the matter any further. [Therefore], the application is struck from the roll and the applicants are liable for the costs,” the judge said.
Laing had earlier questioned the urgency of the application, saying that it was “self-created”.
The high court last month interdicted and ordered the regional conference of Dr WB Rubusana to be stopped, pending the finalisation of all internal appeals.
At the time, the court declared the fraudulently organised elective ANC branch biennial general meetings (BBGMs), and branch general meetings (BGMs) in Dr WB Rubusana as unlawful and unconstitutional.
The court also ordered the ANC to ensure compliance with the party’s constitution and its resolutions in the meetings.
Additional reporting by Eric Naki