ANC prevails over members in drawn out North West court challenge
NEC 'had a constitutional duty to ensure internal elections proceeded in the absence of a provincial structure', rules Supreme Court of Appeal
20 March 2025 - 16:00
byLizeka Tandwa
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Disgruntled ANC members from the North West will have to go back to the drawing board, having lost — with costs — an appeal to the Supreme Court of Appeal (SCA) to declare unlawful the elective conference that elected Nono Maloyi as chair.
The members approached the court disputing the validity of the conference and the resolutions it adopted.
But on Thursday, the SCA ruled that the ANC’s national executive committee (NEC) had a constitutional duty to ensure that internal elections proceeded in the absence of a provincial structure.
“Its actions were in line with the rule 12.2.20 of the ANC constitution, which grants it broad powers to uphold the ANC objectives. The SCA found no evidence of improper conduct at the conference and ruled that the NEC did not violate the ANC constitution. As a result, the SCA made an order dismissing the appeal with costs including the cost of two counsel where so employed,” the judgment read.
This comes after a group of disgruntled ANC members took the party to court in 2018 after the provincial executive committee (PEC) led by Supra Mahumapelo was disbanded. The disbanded PEC members challenged the decision and lost at the Mahikeng high court.
The ANC would then appoint an interim structure in 2019, extending its mandate beyond its allocated nine months on three occasions.
The disbanded PEC members challenged the interim structure's authority to hold elections in 2022, arguing that it had no voting rights at the provincial conference. However, the ANC continued with the conference, which elected Maloyi.
The SCA said it found that based on a reasonable interpretation of rule 12.2.4 of the ANC constitution, the interim provincial committee term of office was tied to the period of suspension or dissolution of the PEC, not strictly to the nine-month time frame for elections.
“Since unforeseen circumstances such as the Covid-19 pandemic made it impossible to hold elections within nine months, the IPC’s mandate continued until the new PEC was elected. Therefore the IPC was still in office and had the authority to call the provincial conference.”
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
ANC prevails over members in drawn out North West court challenge
NEC 'had a constitutional duty to ensure internal elections proceeded in the absence of a provincial structure', rules Supreme Court of Appeal
Disgruntled ANC members from the North West will have to go back to the drawing board, having lost — with costs — an appeal to the Supreme Court of Appeal (SCA) to declare unlawful the elective conference that elected Nono Maloyi as chair.
The members approached the court disputing the validity of the conference and the resolutions it adopted.
But on Thursday, the SCA ruled that the ANC’s national executive committee (NEC) had a constitutional duty to ensure that internal elections proceeded in the absence of a provincial structure.
“Its actions were in line with the rule 12.2.20 of the ANC constitution, which grants it broad powers to uphold the ANC objectives. The SCA found no evidence of improper conduct at the conference and ruled that the NEC did not violate the ANC constitution. As a result, the SCA made an order dismissing the appeal with costs including the cost of two counsel where so employed,” the judgment read.
This comes after a group of disgruntled ANC members took the party to court in 2018 after the provincial executive committee (PEC) led by Supra Mahumapelo was disbanded. The disbanded PEC members challenged the decision and lost at the Mahikeng high court.
The ANC would then appoint an interim structure in 2019, extending its mandate beyond its allocated nine months on three occasions.
The disbanded PEC members challenged the interim structure's authority to hold elections in 2022, arguing that it had no voting rights at the provincial conference. However, the ANC continued with the conference, which elected Maloyi.
The SCA said it found that based on a reasonable interpretation of rule 12.2.4 of the ANC constitution, the interim provincial committee term of office was tied to the period of suspension or dissolution of the PEC, not strictly to the nine-month time frame for elections.
“Since unforeseen circumstances such as the Covid-19 pandemic made it impossible to hold elections within nine months, the IPC’s mandate continued until the new PEC was elected. Therefore the IPC was still in office and had the authority to call the provincial conference.”
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