ANC KwaZulu-Natal provincial secretary Mdumiseni Ntuli has hit out at party members challenging the outcome of its Moses Mabhida regional conference held in December.
Emafini Siyabulela Nobaza and Mlungisi Zondi, who Ntuli stated purport to be members of the ANC in good standing, have given the ANC until Wednesday to disband the regional executive committee (REC) elected at the conference last month and which is chaired by Msunduzi mayor Mzi Thebolla.
In their letter of demand written by MM Ntanzi Attorneys last Wednesday, the Durban-based law firm requested the ANC give the matter its urgent intervention within seven days from the date of receipt of their letter.
”Failing which, we will approach the court to set aside the outcome of the elective conference for Moses Mabhida Region. We place on record that it is not our client’s intention to haste to court. We will only approach the court should there be no positive response from your side,” reads the letter.
But Ntuli noted in his response that the issues raised by Nobaza and Zondi were not new and described them as “nomadic perpetual disputants”.
“Prior to the regional conference in question, your clients, represented by Ngcobo, Poyo and Diedricks Inc, deposed a letter to the ANC raising a number of imprecise, vague and widely formulated complaints which were responded to in a letter to their then attorneys of record dated 12 December 2021,” he said.
According to Ntuli, the ANC members made the same threat of approaching a court of law that was raised in their letter prior to the conference, but they never pursued after the ANC responded to them.
”As was the case in their letter prior to the conference, your clients seek to assume a status that is not available to them. It is trite in law that members of the ANC can only act on their individual capacities as members in good standing and not on behalf of branches or a class of members,” he explained.
Ntuli said Nobaza and Zondo were not at liberty to argue on behalf of other ANC branches or members and are only confined to argue about how they were individually disadvantaged as party members and in breach of the contract they signed with the organisation.
He also told them that the allegations they raised were nothing but frivolous, and any litigation, as threatened, would be vexatious.
”The ANC will defend any possible litigation and will ask for costs against your clients,” Ntuli said.
Among the allegations made by Nobaza and Zondi is that the regional task team (RTT) that presided over branch general meetings (BGMs) ahead of the conference acted unlawfully in many respects in that they manipulated BGMs and membership and spitefully excluding certain ANC members in good stands.
They also complained that RTT had no authority to preside over the processes to the regional conference because its term of office had expired.