Disgruntled Free State African National Congress (ANC) members say the party has violated the court order by proceeding with the Provincial Elective Conference.
They have argued in the High Court in Bloemfontein that the results of the conference should be declared unlawful and also want the newly-elected Provincial Executive Committee dissolved. The conference has re-elected Premier and longest-serving provincial chairperson Ace Magashule.
This is the fifth time in two months the ANC in the province has been taken to court. Counsel for the disgruntled members Advocate Dali Mpofu argued that they seek the declaratory relief to prevent the Free State ANC from sending more than 400 delegates to the party’s 54th National Conference which will take place over the weekend.
Respondents counsel William Mokhari argued that the notion of 70 percent threshold which is stated by the ANC constitution has been met. Advocate Modise Khoza who represents the ANC submitted that the matter should have been dealt with internally. He says even the ANC secretary general has admitted that he was satisfied with branch general meetings.
Khoza says, “The secretary general said in his affidavit that he was satisfied that all these general meetings were held in accordance with ANC constitution. We have received no complaints from any of his members about those general meetings. And he said, what the applicants should have done was not to run to this court. But to come to his office to examine the record.”
Mpofu says his clients have, however, abandoned their initial application to challenge the legality of the Free State Provincial General Council , saying the event has already taken place. Judgement has been reserved and expected to be delivered later.