The North West ANC has been hauled before the Constitutional Court in a bid to nullify the provincial conference held in August 2022.
The applicants are alleging that Luthuli House illegally hijacked the event after a court ruled that the term of the then provincial interim leadership had expired.
Lebogang Medupe, Sello Molefe, and Itumeleng Moswane argue in court papers that Deputy President Paul Mashatile, then ANC Treasurer-General but acting as Secretary General in the absence of axed Ace Magashule, violated the party’s constitution by issuing a rogue directive for NEC deployees to take over the conference after the Mahikeng High Court found the Interim Provincial Committee (IPC) had no authority to run it.
The applicants, who are ANC members, claim the IPC’s term expired in May 2022 after multiple extensions during COVID-19, leaving no lawful structure to convene the August 2022 conference.
The trio argue that the Supreme Court of Appeal (SCA) erred when it dismissed their application in March by endorsing the NEC’s takeover, creating a dangerous precedent that allows unelected structures to govern indefinitely.
At the heart of this legal battle is the principle established in the Ex Parte United Club case. According to this principle, if the term of office of a leadership structure ends without the election of a new leadership, the old structure remains in place until new elections are conducted.
However, Medupe argues that this principle is outdated and detrimental to the democratic processes within political parties.
“Applying this principle to political parties violates the rights of members to elect their leaders,” states Medupe in the affidavit submitted to the court. The affidavit further argues that the principle undermines internal democracy by discouraging contestations and potentially incentivising leaders to remain in office indefinitely.
“It ignores the reality that political parties are central to the democratic process in South Africa,” Medupe emphasises, adding, “Allowing a structure whose mandate has lapsed to continue taking decisions could taint the democratic process as they are making crucial decisions about public representatives at all levels.”
The legal challenge also highlights the broader implications for the ANC’s internal governance and its role within the Government of National Unity. The ANC’s constitution mandates time-bound democratic elections at every organisational level, from national to branch, with over 4,000 branches countrywide.
“The existence of an interim structure, such as the IPC, is temporary by definition, meant to stabilise and prepare for democratic elections,” Medupe argues, underscoring the temporary nature of these structures. “Nowhere in the ANC Constitution does it allow for interim structures to exist indefinitely.”
Medupe’s affidavit sharply critiques the SCA’s interpretation, warning of its potentially absurd consequences. If upheld, the interpretation would allow interim structures to persist indefinitely, undermining the very democratic renewal they are supposed to facilitate.
“This interpretation permits dysfunction to become the mechanism by which democracy within the party is defeated,” Medupe contends, “and violates members’ rights to participate in the party’s affairs.”
The affidavit references a precedent from a previous case, Ramakatsa, which affirmed that political parties are expected to act lawfully and adhere to their constitutions and rules. Medupe warns, “The consequences of the SCA’s interpretation erode that legal obligation,” a point that could resonate broadly within South Africa’s political landscape.
The continued existence of interim structures, Medupe argues, “corrodes the legitimacy of internal ANC governance and opens the door to strategic inaction.” This situation could lead to factional capture, organisational paralysis, and the entrenchment of leadership—contrary to the ANC Constitution and South Africa’s constitutional values.
“It permits substructures a veto over internal democracy,” Medupe explains, “creating undesirable conditions for factional capture.”
Also, Mashatile’s August 13, 2022, statement—declaring the conference would proceed under NEC control—was “unauthorised and unconstitutional”, bypassing proper NEC resolution processes.
The Constitutional Court must now decide whether to hear the case. However, Medupe warns if the court allows the SCA’s judgement to stand, it will entrench a culture where leaders manipulate rules to cling to power.
