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Judgment reserved in #ANCvsANC court case

───   SAZLY HARTZENBERG 10:52 Mon, 11 Feb 2019

Judgment reserved in #ANCvsANC court case | News Article

Judgment has been reserved by the Free State High Court case between four disgruntled ANC members and the party’s leadership in the province.


It is unknown at this stage when Judge Fouché Jordaan will deliver his judgment on the matter in the Bloemfontein-based High Court, but it is expected to be soon. A spokesperson for the applicants, Monnapula Ntamo, tells OFM News they are confident that they will emerge victoriously. The applicants - Matshepo Ramakatsa, Lebeko Maile, Themba Mvandaba, and Shashapa Motaung – approached the court in November 2018 to challenge the legality of the provincial elective conference that took place in May that year. It was at this elective conference that the MEC of Police, Roads, and Transport, Sam Mashinini, was elected ANC Chairperson in the province, William Bulwane Deputy Chairperson, and Paseka Nompondo the Secretary. On Thursday, February 7, the opposing parties each delivered their arguments in the High Court.

The disgruntled group, represented by Advocates Dali Mpofu and Tembeka Ngcukaitobi, allege the conference took place in the absence of legally elected delegates from branches and without proper audits of the branches being done within the nine-month period specified in the party’s Constitution. The ANC provincial and national leadership represented by Advocates William Mokhari and Ishmael Semenya argued their clients were not in contravention of the November 2017 court order, because they did end up rerunning those BGMs as was instructed in that order. They used a December 15 High Court judgment to support their assertion. This judgment indicated that of the 28 BGMs that were rerun, only 14 were done successfully. Mokhari maintained the applicants wanted Jordaan to take the November 2017 judgment into account and ignore the one that followed. He says “the December 2017 judgment supersedes the one the applicants refer to in their argument”.


OFM News/Sazly Hartzenberg and Olebogeng Motse

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