All eyes, including those of the 16 expelled Maluti-A-Phofung councillors, are now firmly fixed on Jordaan’s judgment which will be delivered soon. The exact date remains unknown, even to the opposing legal counsel. OFM News spoke to attorney Hanno Bekker, for the expelled Maluti councillors, on Thursday February 14 following their defeat in the Free State High Court regarding their expulsion. Bekker says the councillors’ fate, for now, lies in Jordaan’s judgment on the legality of the Provincial Elective Conference and the committee elected there in May 2018.

If the PEC is illegal, then all decisions made by the PEC, including the expulsion of the Maluti-A-Phofung councillors, “are nullified automatically and only then can they try to revive this case”.

Matshepo Ramakatsa, Lebeko Maile, Themba Mvandaba, and Shashapa Motaung’s bid to have the Provincial Elective Conference declared illegal and the outcomes nullified, now have wide-reaching implications. 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.

The applicants are optimistic that the outcome will come out in their favour. The four applicants represented by Advocates Dali Mpofu and Tembeka Ngcukaitobi argued a week ago that 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 respondents, also represented by Advocate William Mokhari, opposed the allegations vehemently. The expelled Maluti-A-Phofung councillors lost their court bid with costs to have their expulsion overturned after it was made known that Advocate Kameel Magan and the instructing Attorney Dexter Selepe failed to make the journey from Johannesburg to Bloemfontein, due to Magan’s abrupt illness. The legal counsel also did not submit their affidavit or heads of argument as is expected.

OFM News