ANC Free State trio interdicts IEC, sues party

Abiel Mokotso
Abiel Mokotso

Disgruntled members of the ANC in the Free State have applied for an urgent court order to declare the party's Free State list conference unconstitutional and that the 41 candidates elected at the event be sacked.

The unhappy members are Dan Andre Mokhowe Khothule of Lejweleputswa region, Mokotso Abiel Mokotso of Maluti-a-Phofung and Mongi Gideon Ntwanambi of Xhariep region, who are cited as first, second and third applicant respectively.

In the application, which was filed at the Johannesburg High Court, the members want the court to nullify the decision or resolutions and outcomes taken during the conference held on December 10.

They also want the court to compel the ANC leadership, who are first respondents, and the Free State ANC provincial executive committee (PEC), who are second respondents, to reconvene branch general meetings (BGMs) before April 30 to nominate new candidates to go to the provincial legislature and parliament.

"The first respondent and second respondent are to reconvene a Provincial List Conference for the Province of the Free State no later than the 6th of May 2019 [where new candidates could be elected]," read the papers.

The trio also want the Independent Electoral Commission (IEC), cited as the third respondents, to be directed by the court to accept the new list of candidates who will be elected in the list conference that would be reconvened.

"The fifth to forty-fifth respondents are interdicted from continuing or carrying out their duties that accrued to them as a consequences of being elected as the ANC's Provincial List Candidates in terms of the ANC constitution and/or guidelines pending the re-holding of both the ANC BGMs and the Provincial List Conference both for the Free State Province," read the papers.

The litigating group said they were nominated by more than 10 ANC branches and placed on the ballot papers to be voted by delegates in the list conference to go to the provincial legislature. But their names were deliberately expunged from the list and replaced by others.

They also complained that delegates, whose branches did not hold BGMs because they didn't quorate, among others, attended the list conference and voted.

They said they headed to court because their repeated pleas for ANC secretary-general Ace Magashule, his deputy Jessie Duarte and president Cyril Ramaphosa to resolve the matter fell on deaf ears.

ANC spokesperson Dakota Legoete said the ANC would oppose the application.

IEC chief executive Sy Mamabolo said he was unable to comment as it had not been served with papers yet.

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