Dissident ANC members vow further legal action after party’s appeal dismissed

Three disgruntled ANC members who have repeatedly defeated the party in court have threatened fresh legal action, including criminal charges of perjury and contempt of court, after the Makhanda high court dismissed the ANC’s bid to appeal against a judgment that invalidated the party’s interim Eastern Cape leadership structure. The threat came as the ANC confirmed it would petition the Supreme Court of Appeal (SCA) after suffering another legal setback on Thursday. On Thursday morning, the court dismissed with costs the ANC’s two applications for leave to appeal against judge Vuyokazi Noncembu’s June 18 judgment, which declared the establishment of the party’s provincial task team (PTT) unlawful and invalid.

ANC acting national spokesperson Nonceba Mhlauli said the organisation would now approach the SCA. “The ANC has exercised its constitutional right to pursue further legal recourse and will petition the Supreme Court of Appeal. “The ANC respects the role of the judiciary and the constitutional processes through which disputes are resolved.

“The ANC will communicate its considered position once the legal processes have been concluded.” The latest ruling marks another victory for Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzothwa, who have successfully challenged a series of decisions by the ANC leadership. They first secured an interdict in March preventing the party from holding its planned Eastern Cape elective conference after raising concerns about alleged irregularities in branch general meetings. This is a great shot in the arm for the ANC in the province, especially at such a critical time with local government elections on the horizon When the provincial executive committee’s (PEC) term expired in May and the ANC replaced it with an interim PTT, the three members returned to court, arguing the PEC had never been properly dissolved. On June 18, Noncembu agreed, declaring the appointment of the PTT unconstitutional, unlawful and inconsistent with the ANC constitution.