ANC secretary-general Fikile Mbalula has been taken to court by some greater Tshwane region branches, who are challenging December’s regional conference and its outcomes, saying the meeting violated the ANC constitution.
The aggrieved members petitioned the High Court in Pretoria on Tuesday to declare the conference on 12 to 14 December last year, and its outcomes, as unconstitutional and therefore unlawful, null, and void.
Branches seek court intervention
The 33 applicants listed in the application, identified as Simphiwe Mbatha and others, also request the party appoint an interim regional task team and ensure the election of a legitimate and constitutional regional executive committee (REC) for greater Tshwane.
The disputed regional conference elected an REC comprising five offices: Eugene Modise as regional chair, Tlangi Mogale as deputy chair, George Matjila as regional secretary, Sam Mashola as deputy secretary and James Shelenge as treasurer.
A group of 20 additional REC members was also elected.
The meeting was attended by ANC national executive committee deployees, Khumbudzo Ntshavheni (convener), Dinah Pule, Supra Mahumapelo and Polly Boshielo, and members of the party’s Gauteng provincial task team.
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It was closed by Mbalula on the last day. He spoke on ANC preparations for the upcoming local government elections, ANC unity and renewal, organisational discipline and ethical leadership.
Claims of ANC constitution violation
The 33 aggrieved ANC branch members have applied to the high court, seeking a declaration that the conference held from 12-14 December is unconstitutional, unlawful and null and void.
They argued in court papers the ANC had violated Rule 21.4.1 of its own constitution.
They assert the conference also failed to meet the mandatory 90% threshold for directly elected branch delegates and 10 from the party leagues.
Instead, it achieved 88.7% and had less representation across all structures.
This rendered the meeting unconstitutional, unlawful, and invalid.
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