Durban - The ANC leadership in KwaZulu-Natal has hit back at its detractors and demanded they put up proof to back their allegations.
The leadership has been taken to court by disgruntled ANC members who allege the party’s provincial elective conference was flawed or rigged.
ANC provincial chairman Sihle Zikalala and his deputy, Willies Mchunu, secretary Super Zuma, deputy secretary Mluleko Ndobe, treasurer Nomusa Dube-Ncube and other high-ranking party members including MECs, have been taken to court by party members who want last year’s provincial elective conference set aside and declared unlawful.
On Wednesday, when the matter came before Judge Esther Steyn in the Pietermaritzburg High Court, it was adjourned by consent because an interlocutory application had been filed.
If the case - brought by branch leaders and applicants Lawrence Dube, Sibahle Zikalala, Martin Mzangwa, Mzweni Ngcobo and Lindiwe Buthelezi - is successful, it could result in the entire provincial leadership being overthrown. They were acting on behalf of 40% of the province’s structures.
The disgruntled members base their allegations on “material violations and breaches of the ANC constitution”.
Among their allegations, the members say that the tweeting of election results on the @myANC Twitter handle while voting was still under way proves the election was rigged; the provincial congress was held irregularly, earlier than it had been scheduled to take place; and the voters’ roll was manipulated to favour certain branches and disadvantage others.
The members also argue that both the national and provincial leadership failed to timeously respond to complaints and appeals branches raised about problems before the conference.
In the interlocutory application filed this week, the ANC, through an affidavit by attorney Sibusisiwe Zulu, stated that the disgruntled members were abusing the court process and “clogging court rolls” by continuing to place the matter improperly before the court.
Zulu said her clients were unable to file affidavits because there were several documents, which the members were seeking to rely on, that they wanted to see first. She said they alleged her clients had the documents, but her clients maintained they were no longer in possession of them.
She also emphasised it was not for her clients to “make out the applicants’ (members) case for them”. She said while the members had supplied some documents, others were needed. Without these, including more than 20 letters from aggrieved branches and a mandate from branch officials, her clients would be “severely prejudiced” if they would be required to respond to the allegations.
Across from the court in a parking area on Tuesday, hundreds of people from the branches, dropped off by six buses, converged to show their support. The area was teeming with police and traffic officers.
Super Zuma said he was glad the case was adjourned indefinitely, because it was not for his side to prove the allegations. “They made the allegations and should substantiate it, the application has been brought by people who are desperate, who want to be in power at all costs.”
The court action is in open defiance of Luthuli House, which forbids members from taking the party to court and expels them for doing so.
Sithembiso Mshengu, spokesman for the affected branches, said there was no resolution that stated they would be expelled for bringing the application.
He said they had exhausted all internal party processes to resolve the issues, and were adamant the elective process was illegitimate.
A legal expert, who preferred not to be named, said on Wednesday night that to win their case, the ANC rebels might have to prove that the people who voted did not qualify to vote or that there were other irregularities in the voting by giving specific examples. The rebels could also show that those who counted the votes were biased or behaved irregularly.
They must show that the constitution of the ANC was not complied with.
“They can’t make vague general statements.”
The Mercury