ConCourt to rule on Free State ANC dispute

2012-12-13 16:54

The Constitutional Court will tomorrow rule on whether the ANC in the Free State will be able to take part in the elective conference happening on its doorstep in Mangaung.

The court will decide whether the election of the provincial executive committee (PEC) of the ANC in the province was rigged.

Six members of the ANC in the Free State have asked the Constitutional Court to declare the election of the PEC, headed by staunch President Jacob Zuma ally and provincial Premier Ace Magashule, unlawful.

The six members who have taken the party and the PEC to court have asked that an interim structure be created to replace the PEC.

The six members are known to be part of a group opposed to the re-election of Zuma as ANC president.

The delegates that will attend the Mangaung elective conference on behalf of the Free State ANC have nominated Zuma for re-election.

Dali Mpofu, who is representing the six, argued two weeks ago that if “one province is tainted as we have shown here, surely the rest must also be so tainted so as to (have) some ripple effect on our democracy”.

Mpofu was referring to “gory allegations” of irregularities in the nominations process by which branch delegates were nominated and sent to the provincial congress, at which the PEC is elected.

Mpofu cited examples where alleged parallel branches and ghost members were used to swing the outcome of the elections.

This was a limitation of the political rights of the people he represented, Mpofu said.

He also argued that the ANC’s constitution, which represented a contract between party members and the party, had been flouted.

But the ANC has said that all the complaints relating to problems in the Free State were dealt with by a task team.

The task team was headed by Susan Shabangu, and also consisted of Jeff Radebe, Angie Motshekga, Enoch Godongwana and Ace Magashule.

Given the urgent nature of the case, the court will deliver an order tomorrow and hand down the written reasons for the judgment on Tuesday.

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