High Court rules decision to disband ANC's North West PEC was unlawful

2019-02-06 11:35
Supra Mahumapelo. (File)

Supra Mahumapelo. (File)

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The Gauteng High Court in Johannesburg has ruled that the decision by the ANC to disband the North West provincial executive committee (PEC) in September 2018 was unlawful and was to be set aside.  

Delivering judgment, Judge Fayeeza Kathree-Setiloane said the applicants were entitled to relief and to reinstate the disbanded PEC within two days. 

"It is clear that a right to a hearing before decisions are made are to be at the heart of the ANC organisation," Kathree-Setiloane said. 

"It is common cause that the branches were not consulted. The NEC cannot act in isolation of the ANC constitution," she said. "The ANC's failure to consult before taking a decision to dissolve NW PEC was noncompliant to its own constitution." 

The judgment comes after the disbanded North West PEC approached the High Court to overturn the decision made by the ANC's national executive committee (NEC). 

Following the judgment, former North West chairperson Supra Mahumapelo said: "We are not elated because we are not supposed to be here today. We are not happy because when you elect an NEC it must take its work seriously before you arrive at such a decision you must pause and look at other options.

"It is not about comrade Cyril Ramaphosa; before we went to NASREC [in December 2017] there was talk about dissolving the PEC." 

Mahumapelo said after the ANC top 6 positions were revealed, this "talk" intensified. 

Mahumapelo was represented by advocate Dali Mpofu, and claimed the decision by the NEC wasn't "impartial".

Other applicants include party member Kutlwano Masibi, who was represented by advocate Tembeka Ngcukaitobi.

Mahumapelo in his heads of arguments supported the relief that Masibi and other applicants were seeking, News24 earlier reported. 

ALSO READ: Mahumapelo in court to challenge PEC disbandment 

Mahumapelo previously argued that the NEC used a self-defeating argument to dissolve the PEC. 

"If the branches have been dysfunctional since 2016, as alleged by the ANC, there could be no valid national conference because such branches should not have passed the audit process," Mahumapelo argued in his court documents.

He further accused the NEC of breaching the party's constitution and membership audit guidelines.

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

The ANC told News24 that it will study the judgment and its implications. 

"The ANC notes the ruling of the South Gauteng High Court . However the ANC calls on all its structures in the North West to focus on the building unity in the province and double their efforts for the overwhelming victory of the ANC in the upcoming elections," acting ANC national spokesperson Zizi Kodwa said. 

ALSO READ: Muhamapelo puts up a fight to  overturn PEC break-up

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