Mahumapelo puts up a fight to overturn PEC break-up

2018-10-30 16:46
Supra Mahumapelo. (City Press)

Supra Mahumapelo. (City Press)

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Former North West ANC chairperson Supra Mahumapelo has joined the legal battle to have a decision by the national executive committee (NEC) to disband his provincial executive committee (PEC) overturned.

Some branches and regions in the North West have rejected the provincial task team that was put in place last month and have turned to the courts, claiming the decision wasn't "impartial".

Mahumapelo is expected to be represented by advocate Dali Mpofu, SC, while some of the other applicants, such as party member Kutlwano Masibi, have hired advocate Tembeka Ngcukaitobi .

The matter was before the South Gauteng High Court in Johannesburg on Tuesday and is expected to resume on Friday.

READ: ANC North West peace process on the brink

In his heads of argument, which News24 has seen, Mahumapelo supports the relief Masibi and three other applicants are seeking.

He also included a veiled threat to ANC president Cyril Ramaphosa's leadership, questioning the status of branches in the North West which meant there could not have been a valid national conference.

Ramaphosa narrowly beat former African Union Commission chairperson Dr Nkosazana Dlamini-Zuma, who Mahumapelo supported.

"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 defined this as a "self-defeating" argument, which was used to dissolve his PEC.

"The branches about which the ANC complains were fully accredited to attend provincial general councils, branch general meetings and the national elective congress that took place in December 2017," Mahumapelo argued in his court documents.

Mahumapelo also accuses 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," noted Mahumapelo.

READ: Mahumapelo quits ANC North West provincial task team

Mahumapelo was included in a provincial task team aimed at stabilising the province. He resigned from it last month, arguing that it was made up of people who plotted his downfall.

Speaking to News24 following Tuesday's court proceedings, Masibi said there was no intention to undermine the authority of the NEC, which is the highest decision-making body in between conferences, but insisted it failed to follow due process.

"We felt there was an element of impartiality over the matter. We do not question the powers that they have as the NEC, but question processes followed for such a decision to be arrived at," he said.

He also welcomed Mahumapelo's move to join the court action, saying it added weight to their arguments.

"He gives the case more power and more weight because he was the head of the PEC. He brings a very powerful legal mind in the form of advocate Dali Mpofu, even more interesting now we have two representatives advancing the same cause," said Masibi.

Mahumapelo's fall was characterised by violent protests throughout his province earlier this year, with ANC supporters and members of the community demonstrating under the hashtag #SupraMustFall.

His government was also linked to numerous claims of corruption, some involving the controversial Gupta family which is accused of using its close relationship with former president Jacob Zuma to loot state coffers.

Ramaphosa also put Mahumapelo's government under administration.

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Read more on:    supra mahumapelo  |  mahikeng

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