ANC Eastern Cape’s Elective Conference in Limbo Amid Legal and Internal Strife
The African National Congress (ANC) in South Africa’s Eastern Cape province is embroiled in a complex struggle as it awaits a court date to challenge an interim ban on its 10th elective conference. At the center of the turmoil is the conspicuous absence of Provincial Secretary Lulama Ngcukayitobi from critical party forums, raising questions about internal cohesion and leadership during a pivotal period. This situation underscores deep-seated factional battles and legal uncertainties that threaten to destabilize the province’s political landscape ahead of the conference.
The Court’s Intervention and Immediate Fallout
On Thursday, Acting Justice Babalo Metu of the Eastern Cape High Court issued an interim order prohibiting the ANC and its Provincial Executive Committee (PEC) from holding the conference scheduled for the weekend. The ruling mandated that the party adhere strictly to its constitution and conference guidelines, following an application by three ANC members from the Buffalo City district, led by Lwazi Rotya. They contested ANC Secretary-General Fikile Mbalula’s review report, which had affirmed that the province met the required 70% branch threshold to proceed. The court also ordered the ANC, its PEC, and Mbalula to pay costs, but granted the party leave to appeal on jurisdictional grounds—a rare move for interim orders, typically allowed only if serious or irreversible harm is demonstrated.
Key Rulings and Next Legal Steps
Justice Metu directed all parties to establish timetables for the proceedings, setting the stage for a protracted legal battle. Separately, a contempt of court action against top ANC figures is slated for Saturday at 11 AM. In response, Mbalula issued a written instruction to postpone the conference indefinitely pending the resolution of all legal matters. Mmamoloko Kubayi, an ANC National Executive Committee member and convenor of deployees to the province, announced this decision in a briefing, stating that the leadership needed to “focus on one thing and finish it” to avoid errors in concurrent processes. The ANC maintains that the court’s decision was unfair but acknowledges the need to comply while preparing its appeal.
Provincial Secretary’s Absence and Its Ramifications
As the party’s provincial secretary, Ngcukayitobi is constitutionally expected to be a visible presence at press conferences and PEC meetings, especially during crises. However, insiders report his notable absence from these forums as the ANC battles legal challenges. This void has fueled speculation about his standing within the party. In a virtual PEC meeting post-court ruling, Mbalula reportedly referenced a letter Ngcukayitobi sent to ANC President Cyril Ramaphosa last week, in which he complained about ignored party processes, branch manipulation, and inconsistent application of the step-aside rule—a policy for suspending members facing corruption allegations. According to an anonymous PEC member, Mbalula’s allusion to the letter’s content appearing in the litigants’ court affidavits led some comrades to suggest Ngcukayitobi’s temporary suspension, though Kubayi halted further discussion.
Factional Battles: Mabuyane vs. Ngcukayitobi
The Eastern Cape contest is fundamentally a power struggle between two key figures: outgoing provincial leader Oscar Mabuyane, seeking a third term, and Ngcukayitobi. Their relationship has deteriorated from allies to rivals, each commanding distinct factions. Mabuyane leads the “Thina Masebe” group, while Ngcukayitobi is aligned with the “Thina Bantu” faction. Mabuyane’s bid for a third term is widely seen as a stepping stone to national ambitions, with his name floated on Mbalula’s list for ANC vice-president. Insiders suggest that Ngcukayitobi’s faction, anticipating defeat due to alleged branch-rigging favoring Mabuyane, may have supported the legal challenge to frustrate the conference. One insider claimed, “They decided to frustrate the conference process by not convening their branches… but 70% has been reached and these are branches that support Mabuyane.” Conversely, a defender of Ngcukayitobi argued that without intervention, the conference would have been a “bloodbath facilitated by the rigging.”
Internal Party Dynamics: sidelined PEC and National Control
The PEC, meant to be the province’s highest decision-making body between conferences, has been largely marginalized, according to multiple insiders. Decisions on legal strategy and conference planning are reportedly communicated from national leaders rather than debated locally. In the PEC meeting following the court ruling, members were told the ANC would appeal without discussion. Another PEC member revealed that Mbalula’s letter instructing the postponement was not presented or read in meetings; instead, they were informed of its existence by Kubayi. “There is no discussion in PEC meetings. We are spoken to,” the member said, highlighting a top-down approach that undermines provincial autonomy. This dynamic reflects broader tensions between the Eastern Cape and the ANC’s national leadership, which appears to be managing the crisis centrally.
Voices from the Ground: Insiders and Critics
Anonymous PEC members
