By Lehlohonolo Lehana.
The Johannesburg High Court has declared the decisions, resolutions, and election outcomes from the ANC’s Ekurhuleni Regional conference, held on the 27-29 May 2022, as invalid.
The Eighth Regional Conference of the Ekurhuleni Region of the African National Conference, was held at the Indaba Hotel in Fourways.
“The eighth regional conference of the Ekurhuleni region of the ANC, held at the Indaba Hotel in Fourways on 27 to 29 May 2022, and all decisions, resolutions and election results emanating from the conference are set aside,” Judge Denise Fisher ruled on Monday.
The verdict means that the conference will have to be reconvened.
A group of disgruntled ANC members took the matter to court last year after the conference was marred by fraud allegations and the allegedly unfair exclusion of branches.
In the judgment on Monday, Fisher said the ANC’s own constitution was not adhered to by TK Nciza, who oversaw the preparations for the conference at the time. Nciza was elected as regional secretary at the conference.
The judge also said Nciza and ANC first deputy secretary-general Nomvula Mokonyane unilaterally decided to exclude some branches from participating in the conference.
“In order to conform to constitutional prescripts of justice and fairness, the taking of decisions must be in accordance with an empowering rule and must be procedurally fair. If the decision to qualify a member of a branch is not taken in a procedurally and substantively fair manner and this has a material effect on the rights of the applicants, the applicants are entitled to relief,” the judgment stated.
The judge found that it was clear that the procedures in the lead-up to and after the conference were not based on the law.
“Undoubtedly, the processes leading to the exclusion of the branches had no foundations in the guidelines or the constitution. The decision by Mokonyane to disqualify these branches on the purported complaint of Nciza is unlawful and void.”
The judge added that the fact that the national organising committee of the ANC concluded that the results of the conference should be quarantined, showed that there was a problem with fairness and adherence to rules.
Mzwandile Masina was elected regional leader by a small margin against Nkosindiphile Xhakaza. Masina received 163 votes while Xhakaza got 151. However, there was a dispute surrounding the 19 quarantined votes.
The quarantined votes also affected those elected to the deputy chair and deputy secretary positions.
Jongizizwe Dlabathi was elected as deputy chair, Thembinkosi Nciza as secretary and Moipone Mhlongo as deputy secretary. The treasurer position went to Sello Skhokho.
Masina resigned as a councillor in November 2022 after a bitter spat with the Gauteng ANC over its coalition strategy. He was elected as an ANC NEC member at the ANC’s national elective conference in December.