A long-running legal dispute has resurfaced to haunt the ANC in North West, exposing a R17-million liability, internal failures and the personal cost of political litigation – with a disbarred lawyer now offering to settle the matter for R5-million.
In a letter dated January 23, and addressed to ANC officials at Gertrude Mphekwa House in Mafikeng, Tebogo Motlhamme sets out a chain of events stretching back nearly two decades, rooted in what he describes as a broken undertaking by the organisation to pay legal fees.
“The communiqué seeks to propose settlement of the above-mentioned litigation, which dates back to 2013 with the African National Congress,” Motlhamme writes.
The dispute originates from a political court battle involving former North West agriculture MEC Elliot Mayisela, who challenged his removal from office.
The ANC successfully opposed the application but, according to Motlhamme, failed to pay the legal team it had briefed.
“The organisation failed to pay the advocates that were briefed in the matter, and a written undertaking to pay legal fees was provided by the organisation committing to pay advocates by the end of November 2007,” the letter states.
Motlhamme says he acted on that undertaking, a decision that ultimately cost him his career.
“Based on the written undertaking by the organisation, the writer hereof took trust monies held on behalf of other clients and paid the disbursements of the advocates that represented the organisation in the matter,” he writes.
The consequences were severe.
“The judgment, which struck the names of the writers hereof from the roll of attorneys, is explicit regarding the misappropriation of trust monies in favour of the organisation.”
Despite this, the ANC allegedly failed to honour its commitments.
“The organisation failed to honour payments on the dates as provided in the written acknowledgement of debt,” he states, noting that the Law Society moved to have him struck off the roll on August 27, 2009.
By 2013, he had issued summons against the ANC at the North West High Court, claiming damages linked to the loss of his legal career.
“Summonses were issued against the African National Congress… for damages suffered by the writer hereof consequent upon his name being struck from the roll of attorneys for misappropriation of trust monies, which were used to pay the disbursements in the Comrade Mayisela matter,” the document reads.
“The damages claimed from the organisation were an amount of R17 798 174,” Motlhamme states.
Payments made so far barely dent that figure. Documents attached to the letter show a once-off payment of R300 000 in April 2024, followed by monthly instalments of about R31 529 throughout 2025, bringing total payments to just over R678 000.
“The outstanding balance is R 17 119 217.44, which must be paid by the organisation,” Motlhamme writes.
He argues that the current payment plan is impractical.
“The amount… being paid… on a monthly basis by the organisation will take many years to settle the damages claims.”
In a significant shift, Motlhamme proposes a sharply reduced settlement – effectively slashing the claim by more than two-thirds.
“It is suggested that an amount of R5-million be paid in full and final settlement,” he states.
Even that offer reflects the ANC’s financial constraints.
“The proposed offer to settle can be paid in tranches considering the financial position of the organisation,” he writes.
The letter gave the ANC until January 31, to respond.
“The writer hereof, despite losing his professional career as an attorney, had been patient and remained a disciplined member of the organisation”.
- The ANC in North West is facing renewed issues from a long-standing legal dispute involving a R17-million liability.
- The dispute highlights significant internal failures within the party’s structure.
- A disbarred lawyer formerly involved in the case is now proposing to settle the matter for R5 million.
- The ongoing litigation reflects the personal toll political battles can have on those involved.
- Full details of the story are available in the e-edition of Sunday World via the provided link.
