By Lehlohonolo Lehana.
The Makhanda High Court upheld a prior ruling that declared the establishment of an African National Congress (ANC) Provincial Task Team (PTT) structure in the Eastern Cape invalid and ordered the party to pay costs.
The party has lost two applications for leave to appeal a ruling that nullified the establishment of an interim provincial ANC task team in the Eastern Cape.
The temporary body was appointed in May 2026, to oversee the ANC’s affairs in the Eastern Cape following the expiry of the Provincial Executive Committee’s (PEC) term.
The task team consisted of 20 women and 20 men drawn from all eight ANC regions in the province.
Its immediate mandate was to stabilise internal structures, managing ongoing legal disputes linked to branch processes, preparing the ANC for the 2026 local government elections, and steering the province toward a legitimate elective conference.
The ANC previously failed to hold its provincial elective conference.
Disgruntled members approached the courts over allegations of branch irregularities and membership manipulation.
ANC Secretary-General Fikile Mbalula went to attack Judiciary following the ruling that declared the PTT invalid, saying the ANC constitution prescribes what happens when a structure’s term has collapsed. A judge sits there and decides that there must be a vacuum.”
“Our judges cannot be allowed to treat the ANC like this and collapse the organization completely. I submitted an affidavit (in the EC PTT matter), and it is not even recognised, but I am the secretary-general, the boss, and I explain and give minutes on what we did to dissolve the structure, and I am told that my affidavit is an afterthought by a person behind the bench, something that was in public.”
“Encroaching on the affairs of the organisation. Judges have never done that. Most of the time judges would refer matters and say ‘go resolve your issues’ and that is it. You are interdicted from holding a conference, your structure collapses, and using your constitution you establish a task team, but a judge says ‘you cannot do that’. That is why we are appealing that decision.”
Judge Vuyokazi Pamella Noncembu in her ruling said: “I find it quite telling that the PTT takes no issue with the court’s findings on the merits of the matter.”
Even more damaging was the court’s treatment of the alleged disputes of fact.
Noncembu concluded that “the true state of the matter, however, is that there were no real disputes of fact that arose in the matter, as the matter was decided solely on the interpretation of the ANC constitution”.
In response to the ruling, the ANC said it has noted the judgement, it will petition the Supreme Court of Appeal (SCA) and will communicate its considered position once the legal processes have been concluded.