24 April 2019

South Africa: Free State ANC List Judgment to Be Heard

Three disgruntled ANC members, who filed an urgent application with the Gauteng High Court in Johannesburg to have the provincial list nullified, will on Wednesday hear whether the court will decide in their favour.

Legal representation of former Free State MEC for sports, arts and culture Dan Kgothule together with two other applicants argued against the party's lists in court on Tuesday, saying the provincial list process had been flawed.

The three ANC members argued that the court needed to hear their case because: "There is a well-grounded apprehension of irreparable harm if the interim relief is not granted."

They said the importance of the list processes could not be over-emphasised.

"It is the process whereby ANC members are nominated to be deployed to the National Assembly and the (Provincial) Legislature after the 2019 elections," the applicants argued.

'Simply been ignored'

The applicants say they turned to the courts after the party had failed to address their concerns. In their affidavit the three ANC members told the courts that despite numerous letters, emails and text messages, their cries to the party's national leaders had "simply been ignored".

"It is abundantly apparent that the only satisfactory relief available to the applicants is that which must be obtained through the court process. Given the nature and magnitude of the rights in question, there are no alternate remedies available to the applicants," they said.

The applicants have argued that no Branch General Meetings (BGM) were held to select the lists.

The applicants have also fingered ANC secretary general Ace Magashule as being at the centre of divisions in the province. They are requesting that Magashule recuse himself from presiding over disputes in the province.

"It is an open secret that the main factions in the Free State are known as the 'Magashule' and 'anti-Magashule' factions, respectively."

Meanwhile, the national office, who as respondents argued against the urgency of the case, said it was an attempt by the applicants to derail the party.

ANC acting national spokesperson Dakota Legoete told News24 that it was opportunistic to make an urgent application against the party list shortly before the elections.

"The Free State list conference was in November and the national lists conference was in January...

"This is an attempt by some who are counterproductive and want to obstruct President Cyril Ramaphosa from re-entering parliamentary gates. We have argued the case was just frivolous and without substance. It's people who have time to disrupt the ANC," he said.


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