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No court of law decides for the ANC, says ANC leader

In an unprecedented move, Mpumalanga ANC’s acting provincial chairperson says his organisation will disregard any judgement emanating from the Mpumalanga high court.

Speaking to supporters outside the Nelspruit Magistrate court after judge Brian Mashile reserved judgement in a case involving ANC factions, Mandla Ndlovu said the ANC will implement their own decision irrespective of the ruling.

“Judgement that we are going to get from any court room, as an organisation, we will go back to our offices and sit down and implement our own decision,” he said.

“Whether there is any judgement, there is no judgement that is going to decide what the ANC is going to do,” said Ndlovu to loud cheers.

Last October, an ANC faction loyal to president Cyril Ramaphosa took a faction loyal to deputy president David Mabuza to court to disband two regions and the provincial executive committee.

In court papers, ANC member, Ronald Malumane, argued that the 2015 “early” provincial conference that elected the current ANC PEC was illegitimate because it did not meet the requirement that one thirds of the branches request such a conference.

Senior Counsel representing Malumane, Andrew Laka, also argued that the establishment of the ANC Bohlabela region was contrary to the constitution of the ANC.

“When a region is established it should be in line with the boundaries of the municipality. If you have stolen a vehicle, every day you are in possession of that vehicle you are committing a crime,” said Laka.

The matter of Bohlabela becomes of continuous offence and does not have a cut-off date, he said.

A heated argument in court ensued when Advocate William Mokhari representing the respondents argued that the court reject the application for condonation for late application.

The applicants had wanted the court to condone the fact that they took more than three years to challenge the legitimacy of the ANC’s provincial conference held in 2015.

They argued that they delayed due to the efforts they have been making to engage the ANC leaders, leading up to a march on the organisation in 2015.

Mokhari refuted the argument, saying that this was not a genuine application.

“The application is motivated by political machinations. There’s no explanation why they waited for NASREC,” said Mokhari.

NASREC is the abbreviation for National Recreation Centre near Soweto, where the ANC held its 54th national conference in December 2017, which elected Ramaphosa as president.

Judge Mashile reserved judgement.

“Judgement will be ready on the 15th April,” he said before adjourning the court.

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