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FS #ANCvsANC case dismissed

───   PULANE CHOANE 11:22 Thu, 21 Feb 2019

FS #ANCvsANC case dismissed | News Article

Judge Fouché Jordaan dealt a huge blow to the four applicants who took the ANC in the Free State to court as he dismissed their case, with costs, in the Free State High Court on Thursday.


The applicants had previously approached the court to challenge the legality of the party's Provincial Elective Conference (PEC), which was held in May 2018. The disgruntled group's argument alleged 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. In his ruling , Jordaan said the applicants lied about their assertions and was not convinced their application was one without political motives.

The packed court was quiet and tense as Jordaan said he believed that the disgruntled group lied about their assertions in their applications, that the branches had not re-run their meetings as the party had been instructed by a November 2017 High Court ruling. He further stated that he was not convinced that their application was a genuine one in terms of exercising their democratic rights, but rather it seemed that the disgruntled group was trying to score political points in their faction group.

This ruling is devastating not only to the four applicants in this case - Matshepo Ramakatsa, Lebeko Maile, Themba Mvandaba, and Shashapa Motaung - but also to the 16 ANC councillors from the Maluti-a-Phofung municipality, who were recently dismissed by the party from their municipal positions after they defied mandates given to them by the party in a council meeting. The group were hoping on the judgment to rule in favour of the applicants, as it would then nullify all decisions made by the current PEC, including their removal. The councillors had also previously approached the court to appeal their removal but lost their bid earlier this month after their Johannesburg counsel failed to show up for proceedings.


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