Disgruntled ANC members in the North West who took the party’s provincial executive committee to the Supreme Court of Appeal (SCA) have been dealt another legal blow.
The SCA dismissed their application for leave to appeal in which they wanted the court to overturn the August 2022 elective provincial conference.
In its judgment, the SCA found no reasonable prospects of success.
Interim Provincial Committee
“I therefore find that, on a reasonable interpretation of rule 12.2.4, the IPC (Interim Provincial Committee) was still in office until 13 August 2022. And thus constitutionally empowered to call the provincial conference.
“The issue as to whether the various resolutions adopted by the NEC had the effect of extending the IPC’s term of office is therefore rendered inconsequential, regardless of whether the NEC was of the view that there was a need for those extensions. In my view, there is no reason why costs should not follow the result,” the court judgment read.
The disgruntled members were led by Lebogang Medupe and others. They argued that the term of the ANC North West’s IPC expired in April 2020. This was when the provincial conference was convened and conference committees were elected. The ANC North West’s IPC was appointed in August 2019 following the dissolution of the PEC.
The appeal raised two issues: whether the IPC had the power to convene the Provincial Conference when it did. Which implies the right interpretation of rule 12.2.4 of the ANC constitution. Secondly, whether the NEC was empowered under the ANC constitution to take control of the elections at the Provincial Conference. It also raises several ANC constitution-related rules.
Provincial conference
On August 25 2022, the group brought an urgent application to the North West High Court in Mahikeng. The application was for an order declaring the Provincial Conference unlawful.
They contended that the rule provides that “the election of a PEC, which has been dissolved, shall be called within nine months from the date of dissolution”.
They said the rule has the effect that the IPC’s term of office automatically terminates upon the expiry of the nine months.
The ANC constitution does not authorise the NEC to convene or interfere in the holding of a provincial conference. This In respect of the alleged usurpation by the NEC of the powers and functions of the PEC, they said.
They argued that the conference was therefore convened and conducted unlawfully. And this was in violation of the ANC’s constitution.
Nine months expiration period
The respondents contended that, on a correct interpretation of rule 12.2.4, the IPC remained in office. This group included PEC chairperson Nono Maloyi and secretary Louis Diremelo. And it retained their authority despite the expiration of the nine months. This is the period within which elections for a new PEC should have been held.
They said it is significant that while the rule specifies a mandatory obligation for the IPC to call the elections within nine months, it does not stipulate what the consequence of an overshoot would be. The consequences contended for by the appellants are absurd and impractical. But Medupe and others condemned the NEC’s decision to take over the conduct of the elections Provincial Conference. He called it variously a “hostile takeover” and “usurpation” of the PEC’s constitutional powers.
