Johannesburg - The High Court in Johannesburg on Wednesday said the decision made by the African National Congress (ANC) to disband the North West provincial executive committee (PEC) was unlawful and unconstitutional.
Former North West ANC chairperson and premier, Supra Mahumapelo and four other officials were challenging the national ANC's decision to disband the PEC.
Judge Fayeeza Kathree-Setiloane ordered that Mahumapelo and his PEC be reinstated within two days of her order and that the ANC should pay the legal costs.
“The decision of the ANC, made on August 31, 2018, to disband the North West provincial executive committee is declared unlawful and set aside,” Kathree-Setiloane said.
Former North West premier Supra Mahumapelo addresses the media after winning a court challenge effectively reinstating him as ANC chairman in the province. Video: Thembelihle Mkhonza (ANA)
“The decision of the NEC of September 20, 2018 to appoint a provincial task team (PTT) is declared unlawful and set aside.”
The court gallery was packed with ANC supporters. They sang struggles song after Kathree-Setiloane handed down the judgement.
She said that the so-called consultative meetings were chaotic and did not meet procedural fairness.
Mahumapelo, who was represented by Advocate Dali Mpofu, was removed as premier in August last year after protests flared up in the province. He was replaced by Job Mokgoro.
The ANC said that it had noted the judgment and said it would study it and make a determination on a course of action in due course.
Acting national spokesperson Zizi Kodwa said the ANC would follow its internal processes in dealing with the matter at hand.
“We call upon all our structures in the North-West to remain focused on mobilisation for an overwhelming ANC victory in the upcoming elections,” said Kodwa.