Free State ANC ConCourt challenge continues

2012-11-29 19:01
The Constitutional Court (Picture: Sapa)

The Constitutional Court (Picture: Sapa)

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

Johannesburg - Almost 400 of 750 voting delegates were excluded from the conference at which the ANC Free State chose its provincial executive committee because of procedural irregularities, the Constitutional Court heard on Thursday.

"The exclusions were about 400 voting delegates," said advocate Dali Mpofu, who representing a group which wants a court order dissolving the PEC, because it claims the voting conference was tainted.

Mpofu said a figure of 316 had been bandied about, but that the question was how many branches were quorate.

The ANC described "quorate" as 50% plus one person, and not one percent, indicating the importance of just one person, said Mpofu.

"Even one person can make a huge difference to whether a meeting is lawful or not," he said.

He said that none of the "cross section of the cross section" of complaints made to ANC secretary general Gwede Mantashe, and appended to the court papers, was denied by the respondents.

These included allegations of setting up parallel branches and even gangsterism and criminal activities in terms of finding the money to fund the parallel structures. Even voting reruns did not go according to plan.

Mpofu said the case was important because of the history of disenfranchisement of all South Africans.

The issued raised by the group he represented made the case important to all South Africans.

The court heard that the job of the provincial secretary Sibongile Besani mirrored that of Mantashe. He held a paid, CEO-type role, and was in charge of the day-to-day running of the party's affairs.

The complaints were brought to Besani's attention and he wrote to all national officials, including Mantashe, raising the issues.

An ANC NEC task team went to the province to investigate the complaints.

However, in spite of the complaints the provincial conference at which the PEC was elected went ahead.

Besani then "throws his hands up in the air" out of frustration because he got no response, said Mpofu.

He had attended part of the conference, but had begged off ill for the rest of it.

Mpofu said there were complaints about branch audits, that files had been tampered with, the lack of an attendance register for voting meetings, and the deployment of people to disrupt meetings.

The NEC was supposed to have played an active role in voting reruns, "but this didn't happen", he told the court.

He said the bulk of correspondence was "this is happening, please do something, and nothing was done....

"Besani tries to be polite, but makes it clear that even the NEC deployees were tainted. He puts it very carefully," said Mpofu.

He said the respondents, who include Free State Premier Ace Magashule and the ANC itself, did not dispute the claims of irregularities made in the complaints included in their legal papers.

Mpofu said there was no chance of the matter being settled by meaningful engagement between the parties.

"By implication, we are here now in the highest court in the land. The short answer is no, it does not look like it," he said.

Mpho Ramakatsa and five others who allege the PEC was improperly constituted have brought the application.

The respondents are Magashule and 25 others, including the national ANC, which reject the claim.

Friday is the deadline for nominations to the ANC's elective conference to be held in Mangaung, in the Free State, in December.

The court squeezed the application in, after two other matters, earlier on Thursday.


Read more on:    anc  |  ace magashule  |  gwede mantashe  |  mangaung 2012  |  politics

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


Zuma: Pray for peaceful polls

President Jacob Zuma has asked members of the Universal Church of the Kingdom of God to pray for peaceful elections on 7 May.


Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
  • Friday Grabouw - 11:32 AM
    Road name: N2 Eastbound
    DELAYS between Sir Lowrys Pass and Grabouw
  • Friday Cape Town - 10:14 AM
    Road name: M3 Inbound
    EVENT - left lane closed between Rhodes Avenue and UCT
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

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on 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!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. 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!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! 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:


Self-indulgence may be strong today. You may want to enjoy yourself to the fullest and share it with those that make you 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.