ROAD TO DECEMBER CONFERENCE
Paul Mashatile accused of staging ‘coup’ in fresh court bid to interdict second leg of ANC North West Conference
Disgruntled ANC members have gone to court to argue that the North West provincial elective conference held a week ago was in direct violation of the ANC Constitution.
Newly elected chairperson of the ANC in North West, Nono Maloyi’s and treasurer Sello Lehari’s victories at the 9th provincial conference held a week ago are as a result of their “benefits from the fruits of a poisonous tree”, claim disgruntled members of the ANC who have taken the matter to the Mahikeng high court. They are hoping to halt the second leg of the conference and nullify the results of the first leg.
This after accusing its mother body’s acting secretary general, Paul Mashatile, head of organising Nomvula Mokonyane and Obed Bapela — who all form part of the National Executive Committee (NEC) — of staging a coup d’etat (coup) in their “hostile takeover” of the conference.
ANC Treasurer-General Paul Mashatile (Photo: Gallo Images / Beeld / Cornel van Heerden)
The second leg of the conference is expected to commence this weekend.
In court papers filed at the weekend, five members of the party in good standing approached the Mahikeng high court on an urgent basis seeking a number of reliefs.
Among others, the disgruntled members argue that the conference held a week ago was in direct violation of the ANC Constitution. This after the court stripped the Interim Provincial Committee (IPC) of its voting powers on the eve of the conference and as a result, suggests that all its decisions, resolutions and outcome are unlawful and must be set aside.
It also wants the party to be, “interdicted from continuing and or finalising the ANC’s 9th provincial conference of the North West, scheduled for the 26-28 August 2022’’.
The group instead wants the party to be, “ordered to appoint an interim structure in terms of the ANC Constitution in the stead of the North West Provincial Executive Committee, pending the election of a lawfully constituted Provincial Executive Committee (PEC) of the ANC in the North West Province.”
The newly appointed North West ANC provincial executive committee, comprising chairperson Nono Maloyi, deputy chairperson Lazzy Molotsi, secretary Louis Diremelo, deputy secretary Viola Motsumi and treasurer Sello Lehari. (Photo:Supplied)
The demand, according to the court papers, is in line with Rule 17.2.2.5 of the ANC constitution and stipulates that a conference preparatory committee, that shall circulate conference information in advance, determine procedure for the selection of delegates and state how provincial membership can ensure that their concerns are on the agenda be established.
“All the appropriate committees as required for the 9th provincial conferences to the North West to be held, must be appointed by a PEC in the absence of a validly appointed interim structure of the PEC, in this case, no such validly appointed interim structure exists in terms of the ANC Constitution,” read the papers.
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Among other committees which were established to assist in the proceedings of the conference, is the Provincial Dispute Resolution Committee (PDRC) and the credentials committee.
The applicants argue that the PDRC is invalid by the virtue of it being constituted and appointed by an IPC whose term had lapsed.
The newly elected chairperson and treasurer are said to have presided over several meetings and disputes as PDRC members — a move which the applicants have since criticised and argued worked in their favour.
“To demonstrate the gross irregularity in the PDRC qualifying and disqualifying delegates at the Provincial Conference, is the fact that the now duly appointed chairperson of the PEC, Mr Nono Maloyi and treasurer Mr Sello Lehari formed part of the unlawfully constituted PDRC.
“Mr Maloyi and Mr Lehari, therefore having benefited from the fruits of a poisonous tree, full and further legal argument will be made at the hearing in due course.”
The applicants further argue that in the case of the 9th provincial conference, all the mandatory structures, “were appointed in this instance by a non-existing structure, the IPC whose terms of office lapsed as from June 1 2020”.
Following the court’s decision to strip the IPC of its voting powers, the ANC announced that it was consulting its lawyers on its next steps. During the course of the conference, it resolved that the NEC members would take over the proceedings, a move which the disgruntled members have not taken kindly to.
“The NEC cannot in the midst of an ongoing provincial conference, which commenced on 12 August 2022, announce on 13 August 2022 that it will be taking over these powers and functions of the PEC, of which decisions were made months back prior to the commencement of the conference.
“What is currently happening at the 9th Provincial Conference of the North West, is nothing other than a hostile takeover by the SGO Cde Mashatile and his NEC deployees who were mandated to come and support and observe the conference. The conduct of Cde Mashatile and the NEC deployees was tantamount to coup d’état (coup) of the 9th provincial conference of the North West.”
They further argue that the “coup” was not perpetrated by the ANC NEC which comprises more than 80 members. This as they lambasted the silence of the NEC during the proceedings of the provincial conferences marred by legalities.
“Shockingly, the ANC NEC has decided to go mute on the issue and condoning its deployees’ coup of the North West Provincial Conference.
“This decision by the ANC to take over the powers and functions of the PEC at its provincial conference is plainly unlawful and is in violation of the ANC Constitution.”
The ANC had until Monday afternoon to respond to the papers and give an indication if it will be opposing the court application.
ANC delegates attend the 9th ANC North West provincial conference held at Rustenburg Civic Centre. Photo: Supplied
NC’s national spokesperson Pule Mabe could not be reached for comment at the time of publishing.
Maloyi, however, told Daily Maverick: “I am aware of the court application, we are preparing our responding affidavit, we are going to challenge the matter at all costs.”
Maloyi said the newly elected leadership was unfazed by the fresh bid. “From where we are sitting, we think things look good[for us], but people have a right to go to court when they are not satisfied with the internal processes of the ANC.” DM
This is a developing story and may be updated.
” Members of the ANC in good standing ” good heavens, there are no such comrades in the ANC !!!!
Trying to pull the wool over the courts eyes as always. Pffffff