ANC secretary-general Fikile Mbalula has approached the courts seeking to rescind the order that halted the party’s Eastern Cape provincial conference, alleging that the applicants in the matter relied on “false, incomplete, fraudulent and misleading” information to secure the ruling.
“This is an application for the rescission and setting aside of the interim order of this honourable court on 26 March 2026,” the affidavit read.
In the court papers, Mbalula and the ANC argue that the urgent application, which successfully interdicted the conference that was scheduled for March 26 to 29, was based on fabricated claims of irregularities in branch meetings, verification processes and unresolved disputes within the province.
The respondents in the matter include Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzothwa, while former Eastern Cape ANC provincial secretary Lulama Ngcukayitobi is cited as the fourth respondent because of his interest in the proceedings.
However, Mbalula now contends that the allegations were knowingly false and intended to mislead the court.
Confirmatory affidavits not filed
Mbalula claims the respondents “did not approach this honourable court with clean hands” and instead invoked the court’s urgent jurisdiction on the basis of what he describes as “misstated, misconstrued, and, in material respects, untrue” allegations.
“The respondents were privy to and propagated the fraud in their founding papers; the fraud was wrongful, and the false evidence presented to the court was clearly incorrect,” the papers state.
The ANC further alleges that some of the individuals cited as having knowledge of the alleged irregularities either did not file confirmatory affidavits or later contradicted the claims under oath.
Mbalula singles out Rotya, the deponent to the founding affidavit, claiming he had not actively participated in ANC structures in Ward 24 for a considerable period but nevertheless alleged that the contents of the affidavit were within his personal knowledge.
The papers also question the role of Mpande, saying he purported to confirm allegations relating to branch meetings he allegedly did not attend, while Mzothwa did not file a confirmatory affidavit at all.
The ANC argues that the respondents failed to comply with the organisation’s internal dispute-resolution mechanisms before approaching court.
According to the conference guidelines, members challenging branch general meetings must have attended those meetings, raised objections at the time and lodged disputes within 48 hours.
False and defamatory allegations
Mbalula says the respondents failed to disclose to the court that they had allegedly not attended the disputed meetings, had not raised objections during proceedings, and had not properly lodged disputes through ANC structures.
The papers also accuse the respondents of making “false, defamatory and scurrilous allegations” against Mbalula personally, including claims that he manipulated ANC branch membership systems to influence conference outcomes.
Mbalula argues the allegations damaged both his reputation and the legitimacy of the ANC, while creating “the false spectre that there was a sea of irregularities” within the provincial conference process.
He also criticised the urgent timelines under which the original application was heard, saying the ANC was given less than 24 hours to oppose the matter and file answering affidavits before the hearing proceeded.
Mbalula believes this prevented the party from consulting branch members and obtaining evidence to challenge the allegations before the interim order was granted.
“The interim order lacked a credible factual foundation and would not have been granted if the court had not been misled as to the true facts,” according to the application.
Interim leadership to be appointed
It further states that the annexes attached to the affidavit show that the “respondents did not approach the court with the candour required of litigants who seek urgent relief”.
“This court is now in possession of the material that was not before it when the order was granted: the confirmatory affidavits from the relevant office bearers and members, the verdicts of the internal dispute-resolution structures, proof of the communication of those outcomes, and evidence that certain of the alleged supporting deponents neither supported nor authorised the application,” it reads.
This comes amid tensions involving Lulama Ngcukayitobi after he was excluded from the interim leadership structure in the province, while Oscar Mabuyane remains at the helm of the ANC Eastern Cape task team.
Instead, Ngcukayitobi was announced as an additional member of the task team, in what insiders describe as an attempt to lessen his influence within the party.
The Eastern Cape’s term of office has expired, which meant that interim leadership would be appointed to lead the province.
Ngcukayitobi has been credited by some ANC insiders with playing a key role in the court challenge that halted the conference, a development that has reportedly placed him at odds with Fikile Mbalula.
- ANC secretary-general Fikile Mbalula has approached the courts seeking to rescind the order that halted the party’s Eastern Cape provincial conference, alleging that the applicants in the matter relied on “false, incomplete, fraudulent and misleading” information to secure the ruling.
- “This is an application for the rescission and setting aside of the interim order of this honourable court on 26 March 2026,” the affidavit read.
- In the court papers, Mbalula and the ANC argue that the urgent application, which successfully interdicted the conference that was scheduled for March 26 to 29, was based on fabricated claims of irregularities in branch meetings, verification processes and unresolved disputes within the province.
- The respondents in the matter include Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzothwa, while former Eastern Cape ANC provincial secretary Lulama Ngcukayitobi is cited as the fourth respondent because of his interest in the proceedings.
- However, Mbalula now contends that the allegations were knowingly false and intended to mislead the court.
ANC secretary-general Fikile
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In the court papers,
However,
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He also criticised the urgent timelines under which the original application was heard, saying the ANC was given less than 24 hours to oppose the matter and file answering affidavits before the hearing proceeded.
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It further states that the annexes attached to the affidavit show that the "respondents did not approach the court with the candour required of litigants who seek urgent relief".
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Instead,
