ANC to appeal R102 million election banners judgement

After the sheriff of the court came knocking at ANC headquarter Luthuli House, the party has announced intentions to appeal a Supreme Court of Appeal judgement.

On Monday morning a truck belonging to the sheriff went to the ANC offices in the Johannesburg central business district to execute a notice of attachment.

However, the sheriff left the party head office without having had executed the warrant.

ANC spokesperson Mahlengi Bhengu-Motsiri said in a statement the party planned heading to the Constitutional Court to appeal the previous judgement.

“The ANC will appeal the decision of the Supreme Court of Appeal in the Ezulweni matter in the Constitutional Court of SA.

“Having studied the judgement, the ANC is of the view that SCA did not consider new evidence which has emerged from a forensic report which reveals crucial evidence that makes it plain that there was no authorisation for the transactions in questions and certain implicated individuals misrepresented their position and authority,” she said.

The SCA last month dismissed the application to admit evidence.

According to court papers, Ezulwini claimed to have concluded an agreement on 20 February 2019 with the ANC. The party was granted leave to appeal to the full court of that division. The full court, however, turned down the appeal with costs. When the SCA granted the ANC special leave to appeal and it ruled that the appeal had lapsed and an application was made by the ANC for its reinstatement.

“After argument was heard, the panel adjourned briefly, and thereafter made an order reinstating the appeal. No costs order was sought or made.

“The second issue relates to an application to admit further evidence on appeal brought by the ANC. After hearing the submissions of the parties, the panel adjourned briefly, and then made an order dismissing that application with costs.”

“The appeal is dismissed with costs, including the costs of two counsel where so employed,” ruled the SCA.

The party had a contract with Ezulwini Investments to create 30 000 election banners worth R2900 each, which were used for the 2019 election campaign.

“The first item was titled ‘Banners’. These were described as ‘230 cm x 100 cm PVC banner including 2 metal rod U-bolts & nuts that fit onto street pole’ and the unit price was R2 900. The 20 February meeting took place at the Garden Court Hotel in Eastgate. The same three persons met on that occasion, along with an additional person from Ezulweni,” read the judgement.

“An oral agreement was concluded. Mabaso and Nkholise placed an order for 30 000 branded PVC banners at an agreed price of R2 900 per banner. In addition, a price of R70 per banner was agreed for their placement and removal. These would be employed as a final push to attract voters to the polling stations. Ezulweni would send designs for approval and place the banners shortly before the elections. It would remove them thereafter,” read the judgement.

“On 4 April, Ezulweni sent an invoice to Nkholise for R87 million for the 30 000 PVC banners. The legend was that these were ‘[as] per samples provided’. The ANC admitted receipt. After the election, final invoices for R100 050 000 and R2 415 000 respectively were sent.”

The party owes Ezulwini R102 million plus interest for the products and services. A lawyer representing Ezulwini last week Newzroom Afrika that the company would accept R75 million as a compromise.

-Sunday World

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