Disbanding PEC violates ANC's own constitution, says judge
Johannesburg - It was all jubilation at the South Gauteng High Court in Johannesburg on Wednesday, as ousted ANC North West chairperson Supra Mahumapelo and his provincial executive committee were reinstated by the court, which declared their disbandment illegal.
Mahumapelo's PEC was dissolved in August last year by the ANC's national executive committee and replaced them with a provincial task team, headed by Premier Job Mokgoro.
This came after violent protests in the platinum province, including the collapse of government under Mahumapelo and allegations of corruption, which saw the national government taking over the provincial administration.
Mahumapelo and other disgruntled regional leaders to the ANC's top brass to court late last year, in a bid to have their decision to dissolve the PEC set aside and declared unlawful.
Judge Fayeeza Kathree-Setiloane said the ANC had failed to consult lower structures before it to the decision, which she said was drastic.
“The dissolution of the PEC is a drastic and draconian measure which ought to have been resorted to as the last resort. The ANC acknowledges as much but did not deem it necessary to notify and consult with the branches before finalising its decision, nor did it give members of the PEC a hearing,” Kathree-Setiloane said.
Kathree-Setiloane said the party’s decision was procedurally unfair and in violation of the ANC’s own constitution.
“The decisions for the ANC did not meet the basic requirements of fairness, which is contemplated in both the ANC constitution and the Constitution of the country,” Kathree-Setiloane.
She said the ANC has also failed to give clear reasons why it had to disband the structure.