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One of the applicants in Mahumapelo case says court decision is a lesson to ANC

───   PULANE CHOANE 14:57 Wed, 06 Feb 2019

One of the applicants in Mahumapelo case says court decision is a lesson to ANC  | News Article

One of the four applicants who took the ANC in the North West to court over the illegal disbandment of the Provincial Executive Committee (PEC) last year, Kutlwano Masibi, said today’s judgment has set a national precedent for all ANC structures.


Speaking to OFM News after the South Gauteng High Court ruled that the disbanded PEC should be reinstated, Masibi said this is proof that the South African constitution reigns supreme over the ANC constitution. Masibi said he, Mahumapelo and others expect to return to office within two days as per the court judgment and do not expect the current PEC to appeal this judgment.

 “We expect them to uphold and respect the decision of the court. I don’t think there’s a way they’ll find themselves in contempt of court. But it was a learning curve to everybody that it is important to respect your constitution,” Masibi said.

 The province was put under administration by President Cyril Ramaphosa in May last year, following weeks of civil unrest that eventually led to the removal of the former premier, Supra Mahumapelo. Following which the decision to disband the PEC was made by the ANC’s National Executive Committee (NEC), with Job Mokgoro then replacing him both as premier and provincial chairperson of the party. This, despite numerous calls by four regional branches in the province, which said that the PEC should have been allowed to finish its term as per the party’s constitution, as the structure only had six months left. While Mahumapelo stepped down as the provincial Premier, he, Masibi and two others then turned to the internal structures of the party for resolve on the matter with no success. They then took the matter up at the South Gauteng High Court in November last year where he argued that the process went against the ANC’s own processes and was unfair. Masibi said Wednesday’s court judgment vindicated Mahumapelo and they expect to be back in the ANC in the province’s offices within two days, as per the instructions of Judge Fayeeza Kathree-Setiloane. The decision to have the PEC reinstated also comes after various parts of the North West have in recent weeks called for the return of Mahumapelo during service delivery protests. The ANC’s spokesperson in the province, Kabelo Mataboge, is yet to respond to questions OFM had sent him with regards to those protests as well as Wednesday’s judgment by the South Gauteng High Court.


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