No joy for trio who complained too late about exclusion from ANC's Free State 'list'

24 April 2019 - 13:49 By Ernest Mabuza
subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now
The three ANC members claim their names were expunged from the list and replaced by others.
The three ANC members claim their names were expunged from the list and replaced by others.
Image: Gallo Images/iStockphoto

The South Gauteng High Court ruled on Wednesday that the application by three ANC members, who were disgruntled that their names were not on the list of candidates to represent the party in the Free State legislature, was not urgent.

Judge Nomonde Mngqibisa-Thusi on Wednesday struck off their application from the court roll with costs, including the costs of two counsel.

This means that the application by Dan Khothule, Mokotso Mokotso and Mongi Ntwanambi will not be heard before the May 8 national and provincial elections.

The three wanted the court to declare that the conference, its resolutions and outcomes were null and void - including the election of the nominated candidates for the Free State legislature and the national assembly.

Their application was opposed by the ANC and the party's Free State provincial executive committee (PEC), which said the matter was not urgent.

The three 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.

They claim their names were deliberately expunged from the list and replaced by others.

The three also said that delegates, whose branches did not hold branch general meetings because there were not enough members in their branches to form a quorum, among others, attended the list conference and voted.

The three said they approached the court at the last minute after their pleas for ANC president Cyril Ramaphosa, its secretary-general Ace Magashule and his deputy Jessie Duarte to resolve the matter fell on deaf ears.

In her judgment, Mngqibisa-Thusi said she was of the view that the urgency was self-created.

She said the three knew from March 13 that the ANC published its final list of candidates for the national assembly and provincial legislatures.

She said it was incumbent on the three to file their application as soon as the final list of candidates was made known.

Following the judgment, Khothule said this was not the end.

"We will file through normal procedures and wait till we are given a date by the court," he said.

ANC acting spokesperson Dakota Legoete welcomed the judgment.


subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now

Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.