By Lehlohonolo Lehana.
The African National Congress (ANC) to challenge a writ of execution to attach the movable assets at its headquarters and to freeze the party’s bank accounts.
This comes after the Sheriff of the Court raided its headquarters over the R85.5 million debt to Ezulweni Investments.
Ezulweni is a small Newcastle-based company which has secured several attachment orders against the ANC. Its owners incurred debt to quickly produce the party’s banners before the 2019 elections.
Ezulweni attached the party’s bank account in December 2020 and lifted the order pending settlement talks. When the talks failed, the ANC attempted to appeal against the September 2020 judgment which found that the party owed the company R102-million, plus interest and costs.
In April 2021, the ANC was granted leave to appeal, but then botched proceedings every step of the way, according to an affidavit filed to the Supreme Court of Appeal (SCA) by Shafiq Sarlie, attorney for the media company.
Its appeal lapsed on 4 April, according to a letter from the registrar.
A further appeal to the Constitutional Court was rejected in September 2024, exhausting the ANC’s legal options and paving the way for enforcement actions.
However, in December 2024, the party issued a statement that the matter has been resolved, after ANC President Cyril Ramaphosa had taken over the handling of the matter.
In a dramatic escalation of a long-running legal battle, the sheriff of the High Court has moved to attach movable assets at the ANC headquarters and freeze the party’s bank accounts.
The writ of execution, issued by the Gauteng Local Division of the High Court in Johannesburg, directs the sheriff to seize goods at Chief Albert Luthuli House on 54 Sauer Street. Documents reveal that the attachment includes office furniture and equipment valued at approximately R140 000.
In response the ANC says that it is in the process of applying to have the writ of execution set aside.
The ANC claims that Ezulweni Investments was not registered for VAT at the time of the transaction, citing the forensic investigation, yet charged for it and it will refer the matter to the South African Revenue Service (Sars) for appropriate action.
The party also claims that its staffer who a negotiated the deal, has confessed to have been bribed.
The ANC further slammed Ezulweni for leaking what it believes is confidential information, describing the move as an attempt to sensationalise the matter.
The party added that it will now refrain from discussing the matter in public.
Meanwhile Fullview learnt that Civil Group Organization, AfriForum’s private prosecution unit urges the National Prosecuting Authority (NPA) to reconsider prosecuting ANC secretary general Fikile Mbalula over his 2016 Dubai trip.
The group claims to have Mbalula’s trail of cash payments he received.
The matter stems from a 2018 Public Protector report into the then-Sports Minister’s family holiday to Dubai, which Afriforumreferred the matter to the NPA.
The party’s national executive committee, its highest decision-making body in between conferences, is currently holding a special meeting to discuss its local government elections.