ANC goes to ConCourt to stop attachment of assets

The ANC says it has approached the Constitutional Court to stop the attachment of its assets at Luthuli House for the R102m debt to Ezulweni Investments. 

Yesterday morning, a truck from court sheriff visited the ANC headquarters in the Joburg CBD but ANC officers and staff prevented the sheriff from entering the building. The vehicle parked outside for hours before it left without taking any item from Luthuli House. 

In a press conference later, ANC spokesperson, Mahlengi Bhengu-Motsiri, said sheriff’s visit was to create a spectacle. 

“The ANC indicated in earlier communication as recent as last week that it is now taking the matter to the Constitutional Court which postpones execution of the court decision per relevant legislations. The ANC therefore finds it curious that despite our legal team communicating with the counterparts, Ezulweni Investments, to state the application of the court order pending our appeal,” said Bhengu-Motsiri. 

The KwaZulu-Natal based company had been in a legal stand with the ruling party for months following the party’s failure pay off its debt to Ezulweni which supplied marketing material for ANC for the 2019 elections.

Bhengu-Motsiri said the sheriff had apologised verbally to the party. 

“The deputy sheriff should not have been here. We are not certain of the reasons for creating such a spectacle when the ANC had already communicated formally that it has approached the Constitutional Court. In a correspondence between the sheriff and the [ANC] legal team, a verbal apology was transmitted to the ANC but we asked on behalf of the secretary that we have a formal apology because this was quite serious,” said Bhengu-Motsiri. 

This was not the first time Ezulweni attempted to seize the assets.  

Earlier this year in May, the Gauteng High Court in Johannesburg granted a writ of execution, enabling the sheriff to seize assets. However, the ANC had initially faced a loss in September 2020 in the same court when acting judge Urmila Bhoola ruled that the party must settle its debt. Despite this, the ruling party filed numerous appeals in an attempt to overturn the court’s decisions compelling it to pay Ezulweni Investments in 2022.

Last month the Supreme Court of Appeal upheld a decision of the Gauteng High Court which ruled against the ANC in the election banner dispute. The ruling party’s fate lies with the highest court in its efforts to avoid liquidation to recover monies owed. 

Bhengu-Motsiri says proper protocols should be followed as court proceedings take place. 

“We make specific reference to sections 18 and 49 of the Superior Court Act 13, and relevant regulation thereto which provides the suspension of decisions pending appeals,” said Bhengu-Motsiri.