ANC bosses want a re-run of Ekurhuleni May conference

The ANC regional conference in Ekurhuleni is set for a re-run after the party’s national leaders decided against legally challenging its invalidity ruling by the courts.

A confidential document discussed at a special national working committee (NWC) on Thursday night, which TimesLIVE has seen, recommends a task team be put in place to take Ekurhuleni to another regional conference.

This comes after the high court invalidated and set aside the May 2022 regional conference that re-elected Mzwandile Masina as chairperson and elected Thembinkosi ‘TK’ Nciza as regional secretary.

Masina has since been elected to the party’s national executive committee and Nciza as provincial secretary.

The court ruled in favour of some disgruntled Ekurhuleni members who took the party to court over 14 votes that were quarantined at the conference.

The votes had a direct impact on the outcome of the conference and its organisers were accused of manipulating the conference by quarantining some of the votes.

The NWC has decided that instead of challenging the court outcomes, the conference should run again.

The structure, which runs day-to-day operations of the ANC and reports to the NEC, had sought two legal opinions to advise on whether the judgment should be appealed or not.

It also sought to find out if there would be any implications on conferences that took place post that regional sitting. 

Legal opinion sought from both advocates William Mokhare SC and KT Mokhatla was that there were no prospects of a successful appeal, and the ANC should therefore re-run the conference.

They also said rerunning the conference would not have a ripple effect on other conferences.

“The declaration of invalidity of the Eighth Ekurhuleni Regional Conference by the high court does not affect the legitimacy and outcomes of the subsequent provincial conference,” the NWC stated.

The ANC’s legal adviser, advocate Johnny de Lange’s legal opinion stated the same. 

“Both opinions raise a number of organisation implications arising from the judgment including the practice of quarantining votes and the interpretation of the ‘70% rule’,” the NWC document states.

“The SGO [secretary-general’s office] has written to the NEC subcommittees on organising & membership and legal and constitutional affairs to study the judgment, identify the organisational and legal implications, and make recommendations, including on the need for amendments to the relevant organisational rules and guidelines, or the introduction of new rules and guidelines.”

TimesLIVE