The ANC has suffered yet another legal defeat in the increasingly hostile Eastern Cape high court.
This time, the former liberation movement has had its nose bloodied over the demand by litigation-prone member Lwazi Rotya to have raw data of party membership in the province for the years 2025 and 2026.
The genesis of the dispute
The demand stems from the genesis of Rotya’s spirited fight with his party in March, when he successfully interdicted the sitting of the EC ANC provincial conference.
At the time in those proceedings, the ANC had committed to giving Rotya sight of raw data of its membership in the province to dispute averments he had made before the court.
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Privacy concerns and court intervention
However, there was confusion and disagreement between the parties when Rotya’s lawyers demanded to take copies in the form of phone pictures of the raw data.
The ANC objected, offering to show them a computer screen with the “some files” and barred them from making copies, citing POPIA.
The court partly agreed with the ANC but insists that the raw data must be submitted to the court for viewing by Rotya’s lawyers.
High court directive to Mbalula
“The second and third respondents (ANC and secretary-general Fikile Mbalula) are directed, within 10 court days of this order, to deliver to the Registrar, in electronic form and by such secure means as the Registrar may direct, the electronic membership system results for branch attendances for the entire Eastern Cape for 2025 and 2026 (the electronic results),” reads the judgment by the KuGompo High Court.
“The electronic results delivered must be kept confidential and separate from the publicly accessible court file. They may be accessed only by the court and the applicants’ legal representatives.
“The applicants’ legal representatives may, upon reasonable written notice to the Registrar and the second and third respondents’ attorneys, inspect the electronic results and take written notes at such place and for such reasonable periods as the Registrar may direct.”
Strict confidentiality measures
The ruling goes on that Rotya’s lawyers are only limited to taking notes of the raw data.
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They will be barred from legally making copies, photographs, downloads, reproducing or removing the electronic results for their keeping.
“Any information obtained from them must be kept confidential and may be used only for purposes of the main application under this case number, including the preparation of supplementary papers.
“Any document filed in the main application which discloses members’ identifying particulars must either be filed under seal or have those particulars redacted.”
Mandated verification of complete data
After delivering the raw data to court within the next 10 days, the ruling goes on, the ANC must have one of its leaders or staffers deposing to an affidavit confirming that the membership information is complete for the whole of the so-called Home of Legends province.
This is the fifth case that the ANC has lost against Rotya in the high court division of the Eastern Cape this year alone.
- The ANC has lost a legal case in the Eastern Cape high court regarding party membership data for 2025 and 2026 demanded by member Lwazi Rotya.
- Rotya secured an interdict on the Eastern Cape ANC provincial conference with the ANC agreeing to provide raw membership data, but disputes arose over copying the data due to POPIA privacy concerns.
- The court ordered the ANC and secretary-general Fikile Mbalula to deliver the electronic membership data for the entire Eastern Cape within 10 court days, with strict confidentiality and limited access for Rotya's lawyers.
- Rotya's lawyers may inspect and take written notes of the data but are prohibited from making copies, photographs, downloads, or removing the data, which must remain confidential and used solely for the legal case.
- After submission, the ANC must provide an affidavit confirming the membership data's completeness for the Eastern Cape, marking the ANC's fifth legal loss to Rotya in this court this year.
