Court Delays Contempt Case Against Top ANC Leaders Over Eastern Cape Conference
A High Court in Makhanda (formerly Grahamstown) has postponed a contempt of court application against 12 senior African National Congress (ANC) figures, including party Secretary-General Fikile Mbalula. The case, which sought prison sentences for the leaders over an alleged violation of a court order, was adjourned on Saturday morning without a new date being set.
Judge MJ Lowe also removed the matter from the court’s urgent matters list, signaling a significant procedural delay in the legal challenge. The application was initiated by three disgruntled ANC members—Lwazi Rotya, Sinethemba Mpande, and Nompumelelo Mzotho—who accuse the party’s senior leadership of willfully defying an interim interdict.
Context: The Court Order and Conference Standoff
The legal dispute stems from an interim ban issued by the same High Court on Thursday. That order prohibited the ANC from proceeding with its highly contested Eastern Cape provincial elective conference, which was scheduled to take place in Makhanda. The conference is a critical event for the party, as it will elect provincial leadership that influences national politics and strategy, particularly in a key stronghold like the Eastern Cape.
This is not the first time the province’s conference has faced disruption. The 2022 provincial conference collapsed amid similar chaos and legal challenges, highlighting deep internal factional battles that continue to plague the party.
Applicants Demand Accountability
The applicants’ legal representatives have made their clients’ objectives clear. Sinawo Makangela, acting for Rotya and Mpande, stated after the adjournment that her clients’ primary aim is to enforce the court’s original order and prevent the conference from taking place.
“They must respond to our client’s allegations,” Makangela said, outlining the next procedural steps. “And once they respond, we will respond. And then we will contact the registrar.” The third applicant, Mzotho, is represented by prominent advocate Tembeka Ngcukayitobi.
The motion specifically asks the court to hold the named ANC leaders in contempt and sentence them to imprisonment for allegedly ignoring the interdict, a serious legal accusation that requires proof of a deliberate and unlawful breach of a court order.
Party Moves to Postpone Conference
In a parallel development, the ANC’s provincial leadership acted on Saturday to formally call off the conference. In a letter to delegates, Provincial Secretary Lulama Ngcukayitobi (unrelated to the advocate) announced the postponement “until further notice.” The letter instructed all delegates, league representatives, and invited guests to return home safely.
This official communication came hours after the court’s adjournment. The party had also scheduled a media briefing at the East London International Convention Centre following an urgent Provincial Executive Committee (PEC) meeting. However, that briefing was abruptly canceled at the last minute without explanation, adding to the atmosphere of uncertainty.
What’s Next and Why It Matters
The legal saga is now in a waiting phase. With the contempt application removed from the urgent roll, the 12 respondents (the ANC leaders) now have an opportunity to file their answering affidavits. This process will likely extend the timeline considerably, moving the dispute from an urgent to a standard litigation track.
The stakes remain high. The Eastern Cape ANC conference is a pivotal battleground for the party’s rival factions—aligned broadly with President Cyril Ramaphosa and his opponents—ahead of the ANC’s crucial national conference in 2025 and the 2024 general elections. A lawful resolution to the leadership vacuum in the province is essential for the party’s campaign coordination in the region.
- Legal Status: Contempt application postponed sine die (without set date); removed from urgent list.
- Interim Order: High Court interdict from Thursday bars the ANC from holding the provincial conference.
- Party Action: ANC Provincial Secretary officially postponed the conference and recalled delegates.
- Key Figures: Respondents include ANC Secretary-General Fikile Mbalula; applicants represented by Makangela and Ngcukayitobi.
The situation underscores the intense internal conflicts within the ANC and the increasing resort to the courts to settle political disputes. While the immediate conference is halted, the underlying factional tensions and the legal process are far from resolved.
