ConCourt finds Free State PEC invalid

2012-12-18 17:46
(Picture: Sapa)

(Picture: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - Irregularities at the ANC's Free State provincial elective conference earlier this year, have resulted in the conference and its decisions being declared unlawful by the Constitutional Court.

The court was giving reasons for its judgment on Friday, upholding an appeal by ANC member Mpho Ramakatsa and five others.

"Following a careful consideration of the matter, we are satisfied that the established facts sustain the first two grounds on which the appellants rely," said Deputy Chief Justice Moseneke and Judge Jafta in their majority judgment.

"This, in our view, entitles them to some remedy."

The group contended they had been prevented from participating in the activities of a political party of their choice, in violation of their Constitutional rights.

They were appealing an earlier decision by the Free State High Court in Bloemfontein to dismiss the case.

The majority of judges hearing the case found Ramakatsa and his fellow appellants proved irregularities in the preparation process leading up to the provincial conference.

Voting fixed

Delegates participated in the provincial conference but had not been mandated or elected at a properly constituted branch general meeting.

Membership numbers were manipulated in specific branches, enabling them to send more delegates than they would be entitled to.

Bona fide delegates who had been properly elected were excluded.

Parallel structures had been established, with delegates from parallel branches participating in the provincial conference.

The party leadership failed to allow branches an opportunity to query findings of a membership audit, in breach of audit guidelines.

ANC branches legitimately nominated members for the provincial leadership, but these nominations were not recognised.

ANC responds

In response, the ANC said the irregularities reported to the party's secretary general, Gwede Mantashe, were resolved before the provincial conference.

"In the second instance, the secretary-general contends that the irregularities that had not been raised with him before are disputed," Moseneke and Jafta said.

Mantashe and the PEC denied the provincial conference had been tainted by any illegality or breach of the ANC's constitution.

They denied that any unauthorised delegates attended the conference and that any legitimate delegates were excluded.

"These particular bare denials of the respondents do not rise to the level of disputes of fact," the majority of the judges said.

The denials were generic, directed at disputing the claim that the provincial conference was tainted.

The irregularities constituted a violation of the ANC's constitution and membership audit guidelines.

"No explanation or justification was furnished for these serious breaches which adversely affected members of the party," the majority of the court said.

"The affected members are therefore entitled to appropriate relief."

In the Moses Mabhida branch, ten members were prevented from participating in a branch meeting, while the Joyce Boom branch was excluded from the conference.

Court ruling

This established conduct that was inconsistent with the Constitution.

In turn, this obliged the court to declare the ANC's conduct invalid, as no justification had been given.

The provincial elective conference and the decisions taken at it were declared unlawful and void.

This order did not affect delegates elected at properly constituted branch general meetings of the Free State province.

The court declined to award costs.

Judge Johan Froneman, in a dissenting judgment, held that although the matter raised a constitutional issue, it was not in the interest of justice to grant leave to appeal.

In his view the appeal could have been directed to the Full Court of the High Court, or the Supreme Court of Appeal.

Froneman found the appellants failed to prove the ANC had failed to resolve their grievances.

The ANC's 53rd national conference is currently underway in Mangaung, with new leaders elected earlier on Tuesday.

At court, Ramakatsa's group wore T-shirts bearing the names of candidates they wanted nominated at the Mangaung conference.

They were: Deputy President Kgalema Motlanthe for president, Mathews Phosa for deputy, Fikile Mbalula for secretary-general, Thenjiwe Mtintso for deputy secretary-general, Thandi Modise for chairwoman, and Tokyo Sexwale for treasurer general.

The PEC declared invalid by the court had selected President Jacob Zuma for a second term as party president, with no votes for Motlanthe.

The ANC reran its provincial elective conferences in Limpopo and the Western Cape after they collapsed.


Read more on:    anc  |  jacob zuma  |  mpho ramakatsa  |  tokyo sexwale  |  thenjiwe mtintso  |  kgalema motlanthe  |  gwede mantashe  |  fikile mbalula  |  mathews phosa  |  bloemfontein  |  politics

The rich will pay - Mpofu

2014-04-24 22:14

Read News24’s Comments Policy publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Add your comment
Comment 0 characters remaining

Inside News24


The rich will pay - Mpofu

The EFF in Gauteng will focus all its energy on improving the lives of the poor, the party's premier candidate Dali Mpofu says.


Latest elections multimedia

Watch what happened when we blindfolded Helen Zille and asked her to eat random things
13 days to elections - news you need to know
11 Julius Malema quotes you'll never forget
DA won't get 30% - Zille
  • Tuesday Century City - 05:58 AM
    Road name: Ratanga Road Southbound
    ROADWORKS - lane closure between Ocean Spirit Avenue and Century Boulevard (until mid April)
  • Tuesday Mitchells Plain - 05:58 AM
    Road name: Spine Road
    ROAD CLOSED between Weltevreden Drive and Seafarer Drive due to roadworks (until mid April)
More traffic reports...

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now! - shop online today

Mother’s Day special offers!

Spoil mom with these awesome specials that will warm her heart. Shop now!

Twisp – the smoking alternative

Buy any 2 refills for R250 and save R149. Offer valid while stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Mother’s Day specials on appliances

Browse our range of Mother’s Day appliances to spoil and pamper mom. Offer valid while stocks last. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Bold 9780

BlackBerry 6 Engage your world with BlackBerry 6 OS on the...

From R3049.00

I'm shopping for:


Treat yourself to something beautiful. You tend to put so much energy in making everything around you work harmoniously, more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.