The ANC in KwaZulu-Natal says today’s judgment handed down by the Pietermaritzburg High Court lacks rationality and the Provincial Executive Committee will institute an urgent appeal.

The court upheld the nullification of the party’s 2015 provincial elective conference, effectively meaning PEC members will have to vacate their offices.

The court also granted the PEC leave to appeal today’s decision. Party spokesperson Mdumiseni Ntuli says the ruling has huge ramifications for the ANC Constitution and the functionality of the organisation in its entirety.

“Both matters are our own leave of appeal that has been granted and the execution order which has also been granted the others are matters that are now before the Supreme Court of Aappeal. And we believe that at that level,  decisions will be made which we will then see where do they take us to as an organisation.”

Today’s developments mean that the PEC loses its 27 votes at this weekend’s National Elective Conference. However, some PEC members will still be able to vote in their capacity as branch delegates.

Last month, the court reserved judgment in the PEC’s application for leave to appeal the September court ruling that nullified the 2015 conference, as well as some branches’ application for a court order removing the PEC from office.

Judge Rishi Seegobin says the court decision stands pending the outcome in the Supreme Court of Appeal.

“The application to appeal to the Supreme court of appeal is granted. And two two cost of the application for leave to appeal will be cost in the appeal. The second judgement is the judgement dealing with the section 18 application, it is accordingly ordered that one the judgement and order of this court dated 12 September 2017 immediately becomes operative and executable, pending the outcome of the appeal to the supreme court and any subsequent appeal to the constitutional court. Two the respondents are directed to pay the cost of this application which cost include the cost of two counsel.”

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