By Lehlohonolo Lehana.
The Gauteng High Court in Johannesburg will this morning hear the urgent court application of nine ANC members challenging the party’s list of 200 NEC candidates.
In court papers, the members asked the court to compel the party to release the raw data.
It asked that: The First Respondent (chairperson of the electoral committee, Kgalema Motlanthe) be hereby ordered to publish an excel spreadsheet of all branch nominations received for all candidates nominated by branches for election in the 55th national conference of the African National Congress.
The Electoral Committee opposes the application.
Committee secretary Chief Livhuwani Matsila said that the secretary general’s office had instructed the committee to oppose the application.
The committee has since submitted its court papers. The court challenge should not have any bearing on the conference going ahead.
The outcome could have implications on its programme should the court find that the nomination for the additional member should indeed be redone.
Meanwhile ANC member Andile Lungisa’s high court appeal to have a two-year suspension set aside has been dismissed.
Lungisa sought interim relief after the party’s Eastern Cape provincial executive committee recently announced that his membership had been suspended until 6 September 2023.
The matter emanated from Lungisa having allegedly defied the ANC in the province after being asked to resign following his conviction in 2018 for smashing a water jug over the head of a fellow councillor.
He was sentenced to three years in jail, with one year suspended.
He was released on parole after spending less than two months of his two-year sentence.
The province, however, resuscitated the matter and suspended Lungisa after he expressed hopes of ascending to the powerful position of party treasurer.
Lungisa approached the high court on an urgent basis.
But, in his judgment, Judge M J Lowe ruled that “in these circumstances, the applicant [Lungisa] had failed to make out a case for an interim interdictory relief”.
The judge dismissed the application, with costs.
Lungisa maintained the decision to suspend him was in a manner that was not in line with the party’s constitution.
However, the court said he had not provided enough proof.
The terms of his latest suspension state that Lungisa is, among other things, not allowed to speak or represent the ANC in any capacity.
This is expected to have severe consequences for his quest to be treasurer-general.
Lungisa was nominated at number 10 for the top 200 candidates to contest for the 80 additional NEC positions.