Staff Reporters
Bloemfontein – The Free State High Court in Bloemfontein has postponed the case between ANC, former councilors, and Mangaung Speaker, Marytjie Davis to 29 June 2023, for main and contempt of court applications.
In the main application, the ANC in the leaked replying affidavit by Polediso Motsoeneng will argue that the respondents cease to represent it in Mangaung Metropolitan Council as they are expelled.
According to Motsoeneng the respondents were expelled in June 2022 and go further to say the respondents rely on the letter sent by his predecessor, Paseka Nompondo who was the provincial coordinator until the provincial conference in January 2023.
Dealing with Nompondo’s letter which was on the ANC’s letterhead Motsoeneng says.
Nompondo’s letter specifically on this matter reads.
“Respondents rely on a missive authored by Paseka Nompondo wherein he makes a finding of procedural unfairness. There is nothing in the ANC constitution empowering Nompondo to make such a finding. The Constitution is blatant, only the PDC or the NDC may review the findings of a disciplinary committee on a procedural aspect. Nompondo’s letter is pro non scripto.”
Nompondo’s letter dated 2nd August 2022 dealing directly with the expulsion of ANC councilors in Mangaung Metro read.
“In addition, rule 25.10 of the constitution of the African National Congress provides that:
If a REC, RWC or BEC, or office bearers of these structures, as the case may be, is satisfied that the institution of disciplinary proceedings is warranted against a member or office bearer of a REC, or BEC within its Region or Branch in respect of any misconduct referred to rule 25.17 below, it, he or she shall first obtain the written approval of the Provincial Secretary before commencing with the institution of such disciplinary proceedings.”
Interestingly, Motsoeneng was deputy provincial coordinator when this letter was sent to Mangaung Interim Regional Committee and till now no one in the IPC has spoken against this letter that today is regarded as missive 9 months after the date of issue.
In their heads of arguments the respondents say Nompondo in his capacity as ANC Provinvial Coordinator with his deputy Motsoeneng in presence on the 10 June 2022, instructed the Mangaung Interim Committee not to proceed with disciplinary hearing against them because it had not been authorized do so.
They further say.
“respectfully once proceedings are declared null and void, it cant be later condemned by the same structures.”
What is also of interest is how the letter in question indicates that the matter involving the now-expelled councilors, was attended by NEC employees who were in the province at the time.
If the members were indeed expelled in June 2022 why did the ANC IPC which Motsoeneng was part of keep quiet all along and why is the ANC not praying for all decisions taken in council in the presence of expelled councilors to be declared null and void?
The National Executive Committee decided to release the closing remarks of President Ramaphosa after edits meetings after concerns that the former Secretary General and suspended Ace Magashule was misrepresenting its decisions, they did not wait till he was out of office.
The ANC will find it very difficult to convince the court the letter in question and the actions of councilors who relied on it are nonsensical.
Should the ANC win the status quo of Greg Nthatisi as acting Executive Mayor will remain the same but should they lose, Papie Mokoena will be reinstated.
Jabu Mbalula did not respond to our text seeking comment on the ongoing case in Mangaung Metropolitan.
In other news, African Transformation Movement in Mangaung has launched a motion of no confidence against Mangaung Speaker, Maryke Davis.
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I would like to inform you about the decision took by the ANC in Mangaung when the IBC was launched in all branches they never followed the constitution but they have put people who were in probation to lead the organization and those who were not equal to task to lead branches Maniki Motlohi Branch is one of the branches that forms part it was worse