Wednesday , December 2 2020

The Supreme Court decides to abolish the ANC's northwestern PEC was illegal



Gauteng's Supreme Court in Johannesburg has ruled that the ANC's decision to abolish the Northern Provincial Authority (PEC) in September 2018 was illegal and should be terminated.

Judge Fayeeza Kathree-Setiloane stated that the applicants were entitled to exemption and to restore the dissolved PEC within two days.

"Clearly, a right to be heard before decisions are made must be at the heart of the ANC organization," said Kathree-Setiloane.

"It is common cause that branches were not heard. The NEC cannot act in isolation from the ANC Constitution," she said. "ANC's lack of consultation before the decision to dissolve the NW PEC was not in accordance with its own constitution."

The verdict comes after the deported northwestern PEC had approached the High Court to reverse the ruling that the ANC's National Executive Committee (NEC) had taken.

After the verdict, former Northwestern chairman Supra Mahumapelo said: "We are not excited because we should not be here today. We are not happy that when you choose a NEC, it must take its work seriously before coming to such a decision you need to pause and look at other options.

"It's not about comrade Cyril Ramaphosa before we went to NASREC [in December 2017] It was the dissolution of the PEC. "

Mahumapelo said that after the ANC top 6 positions were revealed, this "talk" intensified.

Mahumapelo was represented by attorney Dali Mpofu, claiming that NEC's decision was not "impartial".

Other applicants include party member Kutlwano Masibi, who was represented by lawyer Tembeka Ngcukaitobi.

Mahumapelo, in its arguments, supported the relief that Masina and other applicants applied for, News24 reported earlier.

ALSO READ: Mahumapelo in court to challenge PEC dissolution

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

"If the branches have been dysfunctional since 2016, as the ANC claimed, there could be no valid national conference because such branches should not have passed the audit process," Mahumapelo claimed in its legal documents.

He also accused the NEC of violating the party's constitution and membership audit guidelines.

"There was no explanation or justification for these serious violations that adversely affected the members of the party," he said.

The ANC told News24 that it would study the verdict and its consequences.

"The ANC takes note of the South Gauteng High Court's decision, but the ANC calls on all its Northwest structures to focus on the provincial building union and double their efforts for ANC's overwhelming victory in the upcoming election," Zizi Kodwa said. , The UN national spokesman.

ALSO READ: Muhamapelo is struggling to overthrow PEC break-up

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