This as a group that lost a case against the PEC on the legality and constitutionality of the structure, finally has been given a date to present its argument. 

Former MEC for Public Works, Sekhopi Malebo, who is part of this group, confirms to OFM News that the SCA has set up 15 February 2021 for both parties to submit their arguments. He says they will be taking the same argument previously submitted in High Court in 2018 and they hope the SCA will deliver a different verdict. 

Malebo emphasises and argues that the Branch General Meetings (BGMs) were illegally constituted because those who attended the Ilanga Estate conference were those from the nullified 2017 Nasrec delegation, which emanated from the Parys conference.

“This time I am definitely sure they are packing their bags so that on the 15th they will exit our offices because they are occupying that office of the provincial executive committee (PEC) not in accordance with the constitution of the ANC. And they do not enjoy the support, the legitimacy of ANC procedural protocols of convening a conference and [that] they know,” he adds.

Meanwhile, the ANC provincial spokesperson, Thabo Meeko, says the party is aware of the new developments.

Whilst delivering a judgment in 2018, the High Court Judge Fouché Jordaan said he did not believe the applicants had a solid case against the PEC and believed that they made the court bid to score political points within their faction.

Malebo says even though Judge Jordaan dismissed their application he feels that the judge errored and that the SCA will deliver a different verdict.

"The date is for the sitting for oral arguments and we are convinced that their [arguments are legitimate, backed by facts, and backed by the constitutional provisions. The judge that ruled against us committed an error and the supreme court of appeal will correct that error and that conference will be declared constitutionally invalid.

"The current PEC will then have to be dissolved by the judgment and we are convinced that the other side has not given a convincing legal argument that we are aware of so far," Malebo adds.

The proceedings will be held virtually. Malebo further adds that they have advised their people not to converge before the court in respect of lockdown regulations. In 2018, senior Advocate Dali Mpofu represented the group. But this time Malebo says the group has secured the services of one of the country's senior advocates, Adv. Wim Trengove, who will be representing them in the SCA.

OFM News