The ANC Gauteng conference is being challenged in court.
On Saturday evening, the Gauteng High Court will hear arguments against the continuation of the African National Congress's (ANC) Gauteng provincial convention.
Through the filing of an application, Jabulani Sithole is requesting that the court prevent the Gauteng elective conference from proceeding as planned.
The problem of the quarantined votes from Ekurhuleni is going to take up a lot of time during this meeting.
The announcement that five Ekurhuleni branches would be allowed to participate in the 14th provincial conference despite their 19 votes being quarantined was made by the province executive committee on Friday. The conference will take place in KwaZulu-Natal.
Sithole, who is also a member of the African National Congress, hails from Ekurhuleni and is a part of the Mzwakhe Ngomane branch.
Sithole contends, in his application, that the NEC could not have properly enabled the conference to sit until the problem with the five branches was resolved. He cites this as one of his reasons.
According to what Sithole writes, not only did the NEC allow conference to take place despite the disputes, but also, rather than resolving the branch disputes and quarantining the votes, it delegated its authority to the PEC to solve the problem. Sithole writes that this was a mistake on the part of the NEC.
"I disagree with the assertion that the NEC was permitted under those conditions to bring the identical issue back before the PEC. This is the case because the National Executive Committee (NEC), which is the highest decision-making body of the African National Congress (ANC) in between conferences, could not lawfully confer the power to decide the same issues that were referred to it by the Provincial Executive Committee (PEC).
There have been claims of irregularities during the Ekurhuleni conference, which has led to the quarantining of 19 ballots from five different branches. Despite these allegations, Mzwandile Masina was re-elected as the head of the conference.
Masina prevailed in the election with 163 votes against his opponent Doctor Xhakaza's 151 votes. It was stated that the results were provisional while waiting for a decision on the votes that were quarantined.
When ANC members felt that their complaints were not handled, outgoing provincial secretary Jacob Khawe stated on Friday during a media conference that there was always the option of ANC members taking legal action.
David Makhura, chair of the ANC in the province, made the announcement during an impromptu media briefing that the ANC would defend against the court suit.
He made the announcement that the conference would continue with commissions even while competent bodies were dealing with the court application.
This meeting decided that it cannot be kept hostage by any of the five branches that we have. At this time, one of the delegates is exercising a constitutionally protected right by filing a judicial application.
"A court is the only entity that has the authority to prevent this conference from going forward."
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