3 members who halted provincial conference now targeted by PTT, with lawyers warning Fikile Mbalula risks contempt over withheld data.
Three ANC members who took the party to court on two occasions, including interdicting the Eastern Cape elective conference in March, are threatened with suspension and possible disciplinary action – a move seen as vindictive.
But their lawyers are challenging the pending suspensions against activists Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzothwa.
Trio challenges interim provincial task team legitimacy
The three again recently approached the Eastern Cape High Court in Makhanda seeking to nullify the party’s interim provincial task team (PTT) and to have all its decisions declared invalid.
The PTT was initiated by Luthuli House to replace the expired provincial executive committee, but more so to address an internal squabble between provincial chair Oscar Mabuyane and sidelined secretary Lulama Ngcukayitobi.
The legal team of the activists said the PTT appointment undermined the court order and is an attack against the judiciary. They maintained the PTT’s existence undermined their clients’ rights as ANC members in good standing.
The lawyers have written to the PTT coordinator, Helen Sauls-August, questioning the suspension notices dated 4 June that she served against Rotya, Mpande and Mzothwa.
The lawyers are also demanding that Sauls-August withdraw the notices or face legal action.
They are facing suspension under the ANC constitution’s Rules 25.56 and 25.57.5, which pertain to the suspension of a party member, office bearer, or public representative and afford the individual a reasonable opportunity to respond prior to the suspension.
Facing suspension
“Our instructions are to demand you retract such threats/letters of intention to suspend against our clients within four days from the date of receipt hereof, failing which we shall institute proceedings against you without further notice,” the letter said.
The lawyers reminded Sauls-August that there are pending proceedings against the ANC and its officials for violating the constitutions of the country and the party, as contained in the interdict.
These actions have also led to the institution of contempt of court proceedings against the ANC and its officials in the face of the existing court order.
“The intimidating conduct your letter inflicts on our clients is another sign of the violation of the court order. This is also a clear defeat of the ends of justice when you intend to punish our clients for exercising their constitutional rights,” the letter said.
The lawyers also warned that ANC and/or secretary-general Fikile Mbalula are in contempt of court for refusing to honour the ANC’s own undertaking to disclose the raw data that was required by the court to back the party’s claim that there was no violation of the ANC’s processes in the run-up to the now-postponed provincial conference.
The lawyers challenged the PTT appointment, which they claimed violated the ANC constitution and the constitution of the republic by infringing on their clients’ Section 19 constitutional rights and their rights as ANC members in good standing.
Lawyers challenged the PTT appointment
Also, they argued the ANC had breached its own guidelines and procedures governing branch general meetings and biennials, usually held prior to an elective provincial conference.
The ANC is accused of perjury and forgery by manufacturing a fake extract of the national executive committee’s meeting minutes in court papers to justify its case before the court.
“To add insult to injury, the legality and existence of the PTT, which is presently purporting to take disciplinary steps against our clients, is the subject of a reserved and pending judgment.
“At best, the conduct of the ANC constitutes multiple breaches of Section 165 of the constitution and are [sic] an attack on the dignity of the courts and the judiciary.”