It has been 12 months since the Supreme Court of Appeal (SCA) declared the ANC Free State conference unlawful and against ANC constitution.
Four aggrieved members who have now been expelled took the matter to the SCA after the meeting convened in violation of a November 2017 high court order.
In 2017 the Free State high court declared that such a conference should not go ahead until all branch general meetings had been held in a lawful manner in accordance with the ANC’s constitution.
In May 2018 the province held a conference at which the appellants felt that branch meetings were marred by irregularities. The aggrieved members approached the court seeking an order declaring that the conference was held in contravention of the 2017 court order. However, the judge dismissed their case in 2019. They then approached the SCA to appeal the judgment.
The SCA reversed the 2019 judgment and declared the provincial conference invalid.
In its ruling, the SCA said: “The order of the Court below is set aside and replaced by the following: It is declared that the Provincial Conference for the Free State Province that took place on 18 and 19 May 2018 was held in violation of the Court order of 29 November 2017 under case number 5942/2017 and that the said Provincial Conference, its decisions/resolutions and/or outcome are unlawful and unconstitutional. The declaration of invalidity mentioned in paragraph 3 of the order shall only be effective as from the date of the delivery of this judgment.”
In declaring the provincial conference unlawful, the SCA said every decision that was taken at the conference itself and every other decision since then was invalid, unlawful and unconstitutional.
This was based on complaints arising from several branch general meetings in the Thabo Mufutsanyana region where delegates who voted at the provincial conference were elected.
In several wards, the meetings either did not meet quorum requirements, the voting took place without an independent deployee to oversee them, attendees were not ANC members in good standing (membership either expired or in arrears) or signatures were forged to make up a quorum.
The SCA said the province failed to conduct audits of membership in branches and regions less than nine months before the provincial conference, as required by the ANC constitution.
According to the SCA, the party had to audit all 309 branches in the Free State before convening a provincial conference, something that was not done ahead of the May 2018 conference.
“The importance of auditing is underscored by the fact that it ensures that the participants in the ANC process are fully paid up members of the ANC who can participate in the elections and vote for those they want to lead them and not non-members. Thus, prior to the holding of the PC an audit process of all branches and membership must be conducted,” the judgment read.
“The question remains therefore whether the delegates to the elective PC had been properly accredited and audited as required in terms of the Constitution of the ANC and its Membership Audit Guidelines. As demonstrated above, the answer is a resounding no.”
That paved the way for the current Interim Provincial Committee (IPC) which replaced Provincial Executive Committee (PEC) after the African National Congress National Working Committee tasked former president Kgalema Motlanthe with forming a team consisting of factions and had a six point which fell flat as soon as Motlantlhe left.
According to the six point plan document there should be 50/50 representations between two groups in all leadership positions as well as in government but only the IPC convenor Mxolisi Dukwana was roped in as MEC for two departments much to the anger of his supports.
Apart from Dukwana benefitting from the SCA judgement the province has been on the downward spiral with ANC losing Maluti-A-Phofung to the same members ANC fired.
What has the IPC achieved you ask?
Well the report from National Executice Committee, which sat over the weekend paints an embarrassing picture of the IPC.
According to the report only 44 branches out of 319 are in good standing. If only 44 out 319 are in good standing what was the IPC doing since its formation in May 2021?
Can real leaders stand up and lead because currently there is a leadership vacuum and where are young people in the Free State ANC when we see recycling of old guards?
This reminds of us of what former president Thabo Mbeki said when he was addressing IPC.
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IPC should have disbanded the Branches.because they are unfunctional aslo their mandate has expired. They should have established the WTTS.