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#ANCvsANC case dismissed

───   MARK STEENBOK 19:03 Thu, 23 Nov 2017

#ANCvsANC case dismissed | News Article

An urgent application by a group of ANC members in the Free State, to have the Provincial Executive Committee (PEC) dissolved, was struck off the roll in the Free State High court today.


Advocate Dali Mpofu, representing the 36 applicants, argued that the court should deal with the matter urgently, due to the looming National and Provincial Elective Conferences that are set to start in December. In his submissions he said it is in the interest of justice, and in public interest for the matter to be heard on Thursday. 

In turn, the counsel for the respondents argued that the certificate of urgency that was submitted by the applicants, did not state that the matter should be heard today, and that it only stated that the applications case be heard between 10 and 31 November. They asked that the matter be struck of the roll with costs due to this technicality, and the court agreed.

The ANC provincial secretary in the Free State, William Bulwane, welcomed the outcome. Meanwhile. Mpofu told a group of ANC supporters after the judgment that a matter of this urgency cannot be decided on a technicality alone.

“The matter might come back to court next week before the provincial conference. Alternatively we might abandon the part that deals with the provincial conference, then we come back a week after that. In that case our relief will be the national conference. It can be taken directly to Constitutional Court. Do not worry, the most important matter here is who will have the last laugh,” says Mpofu.

Mpofu further submitted that the applicants acted with the necessary speed, and that more then 300 people had to be consulted to compose the filing affidavit. The group of ANC members wants the court to dissolve the PEC, since their term was meant to expire months ago.

It is the third application by members of the ANC against the party in the province, while similar cases have been brought in the Northern Cape and Kwazulu-Natal.

The Provincial conference is scheduled to take place between 1 and 3 December.

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