Western Cape ANCYL's legitimacy challenged in court

2017-12-01 13:00


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Cape Town – The legitimacy of the Western Cape ANC Youth League's (ANCYL) provincial executive committee (PEC) has been challenged in the Western Cape High Court, continuing a year of growing divides in the structure.

Six members of the ANCYL in the province and a seventh individual, who call themselves "youth activists", filed papers in the Western Cape High Court on Friday asking for an urgent interdict against the formal structure.

ALSO READ: More infighting brewing for Western Cape ANCYL

The seven are Luvuyo Mpofu, Moyisi Magalela, Thando Matika, Thanduxolo Hoza, Mesuli Kama, Siphiwo Kalolo and Gerrit Baily.

They want the High Court to declare the current provincial youth league structure no longer lawful or legitimate.

"It is our client's instructions that your organisation's provincial executive committee was elected on February 22, 2015 to stay in office for a period of two years, ending on February 22, 2017," the notice of motion by the activists' lawyers read.

'Null and void'

"The committee in question continues to represent the ANC Youth League in the Western Cape."

As a result of the lapse of the committee's term, the activists are seeking that the ANCYL PEC is interdicted and restrained from: 

• representing the ANCYL in the Western Cape;
• organising and holding any provincial or regional conferences in the Western Cape;
• establishing regional executive committees and regional task teams; and
• purporting to exercise any powers of the ANCYL PEC.

"All decisions, resolutions and actions by the so-called ANCYL PEC since February 23, 2017, to the date of granting the order in this application are null and void," the founding affidavit reads.

The application is set down for 14:00.

'F**k you'

A seemingly unhappy provincial secretary Andile Mbali responded to the lawyer's notice of motion with "f**k you", in an email chain which News24 has seen.

Mbali told News24 on Friday that the slur was not directed at the challenge, but rather the member who had initiated the process, who he claims was acting without authority to do so.

He said the provincial committee was not acting on its own, as the issue of the Western Cape youth league's term was decided on by the league's national executive committee.

Western Cape ANCYL spokesperson Siyabulela Tom said some of the "activists" were not even members of the youth league in the province, calling them "ghosts".

ALSO READ: Western Cape ANCYL wants Dlamini-Zuma for ANC president

"We do not recognise members acting as individuals. They need to join branches and lodge complaints through formal structures," Tom told News24 on Friday.

They would not comment on the court challenge, and were awaiting instruction from their legal team. He also questioned who was "funding" them.

The youth league in the province will be holding its next provincial congress to elect new leadership in January, after the ANC's national elective conference in December.

Read more on:    ancyl  |  cape town

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