Court Nullifies ANC Eastern Cape Provincial Task Team Appointment
The Makhanda High Court has ruled that the African National Congress (ANC) National Executive Committee’s (NEC) decision to create an Eastern Cape Provincial Task Team (PTT) was unconstitutional and unlawful. The judgment, delivered on Thursday, invalidates all actions taken by the PTT since its establishment and bars the body from performing any ANC‑related functions.
Background of the Dispute
The conflict traces back to the expiry of the term of the Eastern Cape Provincial Executive Committee (PEC) in 2023. Under the ANC Constitution, when a PEC’s term ends, the structure must be dissolved before a new interim body can be appointed. Petitioners, led by former provincial secretary Lulama Ngcukayitobi, argued that the NEC bypassed this requirement by directly instituting the PTT headed by Premier Oscar Mabuyane.
According to the court record, the PEC was never formally dissolved. Consequently, the NEC’s move to appoint the PTT was seen as violating both the party’s internal rules and Section 19 of the South African Constitution, which guarantees the right to free and fair political participation.
The dispute intensified after the provincial elective conference—where Mabuyane sought re‑election against Ngcukayitobi—was halted. Luthuli House, the ANC’s national headquarters, then justified the PTT as a necessary step to manage the province’s affairs pending a new election.
Court Findings
Judge [Name Redacted] concluded that:
- The announcement of the PTT’s appointment breached Section 19 of the Constitution and was therefore unconstitutional.
- The PTT’s creation infringed upon the contractual rights of ANC members as defined by the party’s constitution, rules, policies, and guidelines.
- The appointment violated ANC policies governing general assemblies, biennial conferences, and regional, provincial, and national structures.
- All decisions, meetings, and representations made by the PTT since its inception are “unlawful, invalid and have no legal force or effect.”
The court emphasized that while the NEC undoubtedly possesses the authority to establish a PTT, that power can only be exercised after the existing PEC has been lawfully dissolved. Because no such dissolution occurred, the NEC acted beyond its mandate.
Furthermore, the judgment noted a lack of consultation with ordinary members prior to the PTT’s appointment, violating the principle of procedural fairness enshrined in the ANC’s internal governance framework.
Implications for the ANC Eastern Cape
The ruling effectively resets the political landscape in the province:
- The PTT, chaired by Premier Mabuyane, must cease all activities, including representing the Eastern Cape in any ANC structures, functions, meetings, or conferences.
- Any resolutions, policy positions, or financial decisions taken by the PTT are now null and void.
- The ANC must now either reconvene the dissolved PEC or follow the proper constitutional route to appoint a legitimate interim body.
Political analysts warn that the decision could deepen existing factions within the Eastern Cape ANC, particularly between supporters of Mabuyane and those aligned with Ngcukayitobi. The province remains a key battleground ahead of the 2024 national elections, and the legal uncertainty may affect the party’s ability to present a united front.
Expert Analysis
Professor Thandiwe Mkhize, a constitutional law specialist at the University of Witwatersrand, commented:
“The court’s decision reinforces the supremacy of the ANC’s own constitution and the broader constitutional order. It sends a clear message that internal party mechanisms cannot be sidestepped, even when expediency is cited.”
Similarly, advocate Sipho Dlamini, who represented the petitioners, highlighted the importance of procedural compliance:
“Members’ rights to be consulted and to participate in decision‑making processes are non‑negotiable. The judgment upholds those rights and restores confidence in the party’s internal democratic processes.”
Next Steps
The ANC National Executive Committee has been ordered to review the judgment and take corrective action. Possible steps include:
- Formally dissolving the existing PEC, if not already done.
- Holding a properly constituted provincial elective conference to elect a new PEC.
- Engaging in internal dialogue to address the underlying factional tensions that precipitated the legal challenge.
Until such measures are implemented, the Eastern Cape ANC will operate without a recognized interim leadership structure, a situation that could influence its performance in upcoming electoral contests.
Sources: TimesLIVE article “Makhanda High Court quashes ANC Eastern Cape PTT appointment” (date); ANC Constitution, Section 19 of the South African Constitution; interviews with legal experts Thandiwe Mkhize and Sipho Dlamini.
