ANC Eastern Cape Conference Appeal Proceeds Despite National Leadership Withdrawal
The African National Congress (ANC) in the Eastern Cape has confirmed that it will continue its legal challenge against an interim court order that halted the party’s 10th provincial elective conference, even as the national leadership, including General Secretary Fikile Mbalula, has withdrawn its request for leave to appeal.
Background to the Dispute
On 25 March 2024, Acting Judge Babalo Metu of the Eastern Cape High Court granted an interim injunction preventing the ANC provincial conference from proceeding. The ruling came after three members from Buffalo City—led by Lwazi Rotya—applied to the court, arguing that the conference violated both the ANC Constitution and Section 19 of the South African Constitution, which guarantees the right to free and fair political participation.
The applicants contended that the provincial executive had not satisfied the required 70 percent verification threshold for branch representation. They pointed to:
- Incomplete verification reports from several branches;
- Unaddressed recommendations from the party’s internal vetting processes;
- The provincial executive board’s failure to ratify key outcomes before the conference date.
Judge Metu found the matter urgent and concluded that the applicants had a prima facie right to interdict the conference, citing unresolved disputes over branch general meetings and vetting procedures that prevented the ANC from reliably determining which branches were eligible to participate.
National Leadership’s Withdrawal
In response to the judgment, Fikile Mbalula, together with the ANC’s legal representatives at Ntanga Nkhulu Incorporated, filed a notice to withdraw the application for leave to appeal on the same day the judgment was issued. ANC national spokesperson Mahlengi Bhengu explained that the withdrawal followed receipt of the judge’s formal reasons for the interim order and was based on the considered advice of the party’s legal team.
Bhengu stated:
“We are satisfied that the issues raised in this matter will be addressed more substantively through the other procedural channels available to us in court.”
She added that the ANC would use these opportunities to demonstrate, on a full evidentiary basis, that the movement has complied with the court’s order and that its membership rolls and administrative processes in the Eastern Cape are sound and consistent with the ANC Constitution and its instruments of governance.
Provincial Executive’s Position
Contrary to the national office’s step back, the ANC Eastern Cape provincial executive committee has not withdrawn its permission to appeal. Provincial spokesperson Yanga Zicina affirmed that the province will continue the litigation, applying different tactical considerations to its legal strategy.
Zicina remarked:
“We are moving forward with the litigation and applying different tactical considerations as far as our legal strategy is concerned. We will provide legal advice on what tactics and options are best available to us.”
This stance indicates a divergence between the national leadership’s approach and the provincial executive’s determination to pursue the matter through the courts.
Legal and Political Implications
The ongoing litigation highlights internal tensions within the ANC over procedural compliance and governance standards. Legal experts note that the case could set a precedent for how the party handles verification and ratification processes ahead of future elective conferences.
According to the ANC Constitution, a provincial conference may only be convened after the provincial executive verifies that at least 70 percent of branches have met the required criteria for participation. Section 19 of the South African Constitution further protects the right of citizens to participate in political activities, reinforcing the judicial scrutiny applied in this instance.
Observers suggest that the outcome may influence the ANC’s internal dispute‑resolution mechanisms and affect confidence in the party’s electoral preparations in the Eastern Cape, a region historically pivotal to the party’s national fortunes.
Conclusion
While the ANC’s national leadership has opted to withdraw its appeal, the Eastern Cape provincial executive remains committed to contesting the interim ban through alternative legal avenues. The forthcoming court proceedings will test the party’s adherence to its own constitutional provisions and the broader democratic principles enshrined in South Africa’s supreme law.
