By Lehlohonolo Lehana.
The aggrieved ANC member Tshepo Bosman has obtained a court interdict to prevent the party’s North West interim leadership from voting at its elective conference this weekend.
The IPC was formed by the ANC’s highest decision making body, National Executive Committee (NEC) in 2018.
The court granted the urgent interdict application on Friday night after aggrieved member Bosman argued that the IPC was unconstitutional because its term of office ended three years ago.
According to party policy, all temporary structures have nine months at the helm.
The court declared that the first respondent (the IPC) did not have voting powers at the conference.
The ruling does not prevent the conference from going ahead. However, it means the current interim leadership’s involvement is drastically limited.
The 22 respondents cited in the application included members of the IPC and the national ANC. Costs were awarded against them.
Another thorny issue that needs the party’s urgent attention before the conference kicks off, is a culpable homicide case from 2018, which had been provisionally withdrawn, that has come back to haunt North West chairperson hopeful, former human settlements MEC Nono Maloyi.
Maloyi’s contenders are using it as leverage to stop him from contesting.
Branches from the North West’s biggest region, Bojanala, wrote to the IPC to ask that Maloyi be prohibited from standing for election, given that the serious charge could be reinstated. They argued that the matter was not struck off the court roll.
ANC’s national spokesperson Pule Mabe said the party had noted the court’s decision which prohibits members of the IPC from voting in the conference.
“We have instructed our legal team to investigate options at our disposal to deal with this matter and advise the NEC accordingly, we are hopeful that our intervention will find a positive outcome.”
Mabe further said despite the decision, the conference is continuing because the court did not interdict the conference but rather the voting powers of the IPC members.
In a state of readiness briefing on Friday evening, before the court’s decision was announced, IPC coordinator Hlomane Chauke had poured cold water on the court action and dubbed it a “non-starter”.
The conference has been postponed more than three times already due to internal disputes including allegations of rigging, sabotage and factionalism.
The position of provincial chairperson is expected to be hotly contested, with more than five candidates expected to compete for the top position, current premier and ANC stalwart Bushy Maape among them. Economic Development MEC Kenetswe Mosengi, former MEC for Human Settlements Maloyi, who faces a charge of culpable homicide, and former provincial chairperson Supra Mahumapelo are also among those expected to raise their hands.