The ANC finds itself at the centre of a constitutional storm after explosive court papers laid bare the extent to which secretary-general Fikile Mbalula allegedly violated not only the ANC’s own constitution but also the Constitution of the Republic in the run-up to the controversial Amathole regional conference held in March.
This is according to a high court application by two ANC aggrieved members in the “Home of Legends” province.
A damning review application before the KuGompo City High Court charges that Mbalula’s decision to sign off on the “final” Branch General Meeting (BGM) “Verification Report” of March 18, the very document that gave a green light to the conference, was unconstitutional, unlawful, and procedurally defective.
That decision, the applicants state, “breaches Section 19 of the Constitution”. It is also “unlawful”, they argue, “in breach of the applicants’ contractual rights as governed by the Constitution, rules, policies and directives of the ANC.”
Firstly, Mbalula’s decision is challenged as being in direct violation of Section 19 of the South African Constitution, which guarantees every citizen the right to participate in political activities freely and fairly.
By allowing a conference built on defective branch processes, the applicants argue that members were effectively disenfranchised from participating in a lawful and democratic process.
Secondly, the conduct is alleged to be in breach of contractual rights between ANC members and the organisation itself, as governed by the ANC constitution, rules, and policies.
Thirdly and most politically damaging, the decision is said to have violated the ANC constitution and its own conference guidelines, including those governing BGMs, dispute resolution processes, and verification protocols.
The court application seeks to have the entire Amathole Regional Conference declared unlawful and unconstitutional. It asks that all resolutions and decisions taken at the conference be invalidated and that the election of the Regional Executive Committee be declared null and void. The application paints a picture of a proceeding riddled with irregularities: branches operating under expired structures, branch general meetings convened unlawfully, unresolved disputes, and verification processes that were allegedly manipulated.
In some instances, conferences were convened despite outstanding appeals, claim the applicants, and in direct contradiction of prior directives issued under Mbalula’s own authority.
Even more explosively, the applicants state that Mbalula knew the processes were defective yet proceeded regardless, effectively overriding constitutional safeguards and internal governance protocols for political expediency.
- The ANC finds itself at the centre of a constitutional storm after explosive court papers laid bare the extent to which secretary-general Fikile Mbalula allegedly violated not only the ANC’s own constitution but also the Constitution of the Republic in the run-up to the controversial Amathole regional conference held in March.
- This is according to a high court application by two ANC aggrieved members in the “Home of Legends” province.
- A damning review application before the KuGompo City High Court charges that Mbalula’s decision to sign off on the “final” Branch General Meeting (BGM) “Verification Report” of March 18, the very document that gave a green light to the conference, was unconstitutional, unlawful, and procedurally defective.
- That decision, the applicants state, “breaches Section 19 of the Constitution”.
- It is also “unlawful”, they argue, “in breach of the applicants’ contractual rights as governed by the Constitution, rules, policies and directives of the ANC.” Firstly, Mbalula’s decision is challenged as being in direct violation of Section 19 of the South African Constitution, which guarantees every citizen the right to participate in political activities freely and fairly.
