High Court to rule on Mahumapelo's bid to reinstate his ANC provincial committee

2019-02-12 17:37
Former North West ANC chairperson Supra Mahumapelo at the Gauteng High Court in Johannesburg, he is challenging the NEC Decision to disband his NEC. (Tshidi Madia, News24)

Former North West ANC chairperson Supra Mahumapelo at the Gauteng High Court in Johannesburg, he is challenging the NEC Decision to disband his NEC. (Tshidi Madia, News24)

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The Gauteng High Court sitting in Pretoria has reserved judgment on an urgent application to execute or enforce last week's ruling to overturn the dissolution of the ANC North West provincial executive committee (PEC).

Last week, Judge Fayeeza Kathree-Setiloane handed down judgment in the High Court in Johannesburg, ordering the ANC to reinstate Supra Mahumapelo's disbanded PEC within two days.

Her judgment meant embattled ANC provincial secretary Mahumapelo could return to office, while the ANC sought a political solution and appealed certain sections of her ruling.

READ: Mahumapelo is yet to take control, old PEC still in place

However, following weekend meetings with the PEC, the provincial task team that was appointed as an interim structure and officials at the ANC's Luthuli House headquarters, Mahumapelo and four others are back in court, complaining that Kathree-Setiloane's order has not been acted upon by the ANC's national executive committee.

Kathree-Setiloane also heard the urgent application brought forward on Monday.

Advocates Dali Mpofu and Tembeka Ngcukaitobi, who continued with their representation of Mahumapelo, won the first hurdle when they successfully argued that the matter is urgent.

End of term

"When the judgment was granted last Wednesday on the 6th, within 24 hours, they filed an application for leave to appeal. They had 15 days to do so but they did it within 24 hours, so they can't say the application and its implications are not urgent," said Mpofu on Tuesday.

In response, the ANC's legal representative, Kgomosoane Mathipa, told the court the order would have no practical effect because the PEC term of office expires within hours and as a result, it would have no time to do its work.

Ngcukaitobi countered that there was no sure sign that the PEC would have to step down, basing this argument on a memorandum sent out to ANC members by its secretary general Ace Magashule to halt all conferences until after the elections.

"Mr Magashule has already announced a decision that there will be no provincial conferences until elections. So it's quite clear, we have a couple of months to serve, so the idea that we have no PEC to return to is actually fictitious," he said.

Judgment will be delivered on Wednesday.

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Read more on:    anc  |  supra mahumapelo  |  pretoria  |  courts

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