ANC FS appeals court ruling nullifying 2018 conference

Embattled ANC secretary-general Ace Magashule has been listed as supporting the application by the PEC.

Sam Mashinini outside Bloemfontein court in support of Ace Magashule

Picture File: FS ANC Chairperson, Sam Mashinini outside court where ANC secretary-general Ace Magashule was appearing on 13 November 2020 in Bloemfontein, South Africa. Picture: Gallo Images/Frikkie Kapp

The ANC in Free State has filed court papers in the Constitutional Court in a bid to appeal last month’s Supreme Court of Appeal (SCA) judgement, which declared its 2018 provincial elective conference unconstitutional and unlawful.

The move by the provincial leadership appears to be in defiance of the ANC’s top officials and national working committee’s (NWC) instruction for a political solution to be found following the court’s ruling, with ANC veteran Kgalema Motlanthe tasked to lead the talks.

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The notice of motion, dated 21 April 2021, was making the round on social media on Thursday morning.

Embattled ANC secretary-general and former Free State chairperson, Ace Magashule, has been listed as supporting the application by the provincial executive committee (PEC) led by his ally Sam Mashinini, who was elected as his successor at the May 2018 conference.

On 31 March, the SCA nullified all the decisions taken at the conference after it found that the gathering was convened in violation of a November 2017 high court order.

Disgruntled ANC members Matshepo Ramakatsa, Themba Mvandaba and Shashapa Motaung had approached the SCA after the Free State High Court threw out their case, which allowed Mashinini and the PEC’s election to stand.

The appeal was also upheld with costs, meaning the ANC in the province will have to bear the cost of counsel.

Ramakatsa, Mvandaba and Motaung contended that the 2018 conference was held before branches and memberships could be audited, and SCA agreed with the three.

“The importance of the auditing was underscored by the fact that it ensured that the participants in the ANC process [conference] were fully paid up members of the ANC who could participate in the elections and vote for those they wanted to lead them and not non-members,” the SCA said.

Additional reporting by Neo Thale