High Court rules decision to disband ANC’s North West PEC was unlawful

The Gauteng High Court in Johannesburg has ruled that the decision by the ANC to disband the North West provincial executive committee (PEC) in September 2018 was unlawful and was to be set aside.

Delivering judgment, Judge Fayeeza Kathree-Setiloane said the applicants were entitled to relief and to reinstate the disbanded PEC.

This comes after the disbanded North West PEC approached the High Court to overturn the decision made by the ANC’s national executive committee (NEC).

Former North West ANC chairperson Supra Mahumapelo, represented by advocate Dali Mpofu, claimed the decision by the NEC wasn’t “impartial”.

Other applicants include party member Kutlwano Masibi, who is represented by advocate Tembeka Ngcukaitobi.

Mahumapelo in his heads of arguments supported the relief that Masina and other applicants were seeking, News24 earlier reported.

Mahumapelo previously argued that the NEC used a self-defeating argument to dissolve the PEC.

“If the branches have been dysfunctional since 2016, as alleged by the ANC, there could be no valid national conference because such branches should not have passed the audit process,” Mahumapelo argued in his court documents.

He further accused the NEC of breaching the party’s constitution and membership audit guidelines.

“No explanation or justification was furnished for these serious breaches, which adversely affected members of the party,” he said. DM


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