The African National Congress (ANC) in the North West has called on its members to desist from taking the party’s internal matters to court before exhausting all internal protocols within the organisation, to have their grievances resolved.
This after the North West High Court in Mahikeng dismissed the application by disgruntled ANC members, to have the party’s 9th Provincial Elective Conference held last year in Rustenburg declared unlawful, invalid and of no force and effect.
Following a ruling of the same court on 12 August 2022 that the interim structure’s term had lapsed, the applicants Lebogang Medupe, Lesego Serapelwane, Puso Moeng, Sello Molefe, and Itumeleng Moswane filed for an urgent application on 25 August arguing that the ANC’s Interim Provincial Committee (IPC) in the North West, had no powers to organise the provincial elective conference that took place from 12 to 14 August, and subsequently postponed to 26 August.
The application that was defended by the ANC and the Provincial Executive Committee (PEC) elected in the conference in question that resulted in Nono Maloyi as the chairperson, Lazzy Mokgosi as his deputy chairperson, Louis Diremelo as the secretary, Viola Motsumi as his deputy-secretary and Sello Lehari as the treasurer was struck from the court roll due to a lack of urgency, however, the applicants proceeded with a normal motion at the court and still sought for the party’s Provincial 9th Elective Conference to be nullified.
Despite a ruling that declared the ANC’s IPC in the North West invalid, the North West High Court’s Deputy President Judge, Tebogo Djadje said it was important for all aspects to be considered in his ruling, and dismissed the application with costs.
“After the Court ordered on 12 August 2022 that the members of the IPC had no voting powers at the Provincial Conference, and may I add rightly so, the office of the Secretary-General, Mr Mashatile, issued a statement on 13 August 2022 assuring that the Court order will be observed and therefore the ANC IPC NW members will not vote as stipulated in the court order.
“The North West Province Conference will therefore proceed under the directive of the leadership of the National Executive Committee (NEC) deployees who will oversee the conference until finalization with the support of former IPC and IRC Members.
“The applicants argued that the NEC is not authorised by the ANC Constitution to convene a Provincial Conference or for a Provincial Conference to proceed under the directive and leadership of NEC deployees. As such arguing that the conference was convened unlawfully and proceeded unlawfully in violation of the Constitution of the ANC. I respectfully disagree.
“The applicants further argued that the NEC did not convene a meeting between the evening of 12 August 2022 and the issuing of the statement by Mr Mashatile, and as such the statement was not a resolution of the NEC.
“For this ground to succeed, they should establish that some of the NEC deployees issued directives violating the ANC Constitution, as a result of the statement issued by the Secretary-General. This did not happen.
“The Constitutional Court in Ramakatsa and Others v Magashule and others [2012] ZACC 1; 2013(2) BCLR 202 (CC) held that Section 19 of the Constitution does not spell out how members of a political party should exercise the right to participate in the activities of their party.
“For good reason, this is left to political parties themselves to regulate. These activities are internal matters of each political party. Therefore, these parties are best placed to determine how members would participate in internal activities. The various Constitutions of political parties are instruments, which facilitate and regulate participation by members in the activities of a political party.
“The ANC through its Constitution regulates how the organisation should function and the applicants, as members in good standing of the organisation, are aware of this fact. The NEC is the highest organ of the ANC and has the authority to lead the organisation.
“Rule 12.2.20 provides that the NEC shall take all steps necessary or warranted for the due fulfilment of the aims and objectives of the ANC and the due performance of its duties. It cannot be denied that the NEC has the responsibility to ensure that the aims and objectives of the organisation are observed at all times.
“It cannot be a violation of the ANC Constitution, if the NEC assumes the role of ensuring fulfilment of the objectives of the ANC by providing guidance and leadership at a Provincial Conference.
“At the time of the Provincial Conference, there was no Provincial Executive Committee (PEC) and the court on 12 August 2022 had declared that the term of office of the IPC had expired. As such the NEC as the highest organ of the ANC had to take all steps necessary to ensure the fulfilment of the objectives of the ANC.
“It cannot be argued that there was a hostile takeover by the NEC when there was no provincial leadership at the time. Consequently, the following order is therefore made: The application is dismissed and the applicants are ordered to pay the costs of this application, which shall include costs consequent upon the employment of two counsel, jointly and severally, the one paying others to be absolved,” Djadjie ruled.
The ANC North West PEC secretary, Louis Diremelo welcomed the judgement.
“We believe this dismissal brings to an end a path that we believe should have never been traversed in the first place. We shall not deter from our commitment to building program-based unity of the movement, rebuilding and renewing our structures,” said Diremelo.
The IPC was established in 2019 following the disbandment of the Supra Mahumapelo-led PEC in 2018 and the provincial task team, which was led by Professor Job Mokgoro who also took over as the North West Premier following Mahumapelo’s resignation as the province’s number one citizen.
