He said in both the answering papers and in argument the ANC had emphasised that the decision of the NEC, communicated through the party’s secretary general on October 3 last year was a blanket directive that affected all regions which failed to hold their elective conferences simultaneously.
“The directive does not target Moses Mabhida region specifically, for some ulterior motive. The region simply failed to hold its regional conference and events have now overtaken it,” said Seegobin. He said the assertion by the branch members that they had been “unduly thwarted and hampered in their efforts to hold the regional conference” had been effectively denied by the ANC which includes the Moses Mabhida region itself.
“In my view the applicants have exercised an individual right to be members of the ANC. They do so by choice and as such they subject themselves to the will of the majority. They are also required to respect the decisions of the NEC provided of course that such decisions are lawful, and in keeping with the provisions, not only of the ANC constitution, but also those of the republic.
“The court should be disinclined to regulate and I might add, interfere in the internal processes of the ANC or any other political party for that matter in the clear absence of any illegality. All in all I consider that these applications are without merit, they are frivolous and lack foundation,” said the judge.
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