Durban - The Senzo Mchunu faction in KwaZulu-Natal approached the Pietermaritzburg High Court on Tuesday to force the provincial executive committee (PEC) out of their offices in Durban.
The group also filed papers opposing the PEC’s notice of intention to appeal against the September 12 judgment that declared it null and void.
According to the court papers, which were filed after lunch yesterday, the aggrieved group led by former ANC provincial chairperson Senzo Mchunu, wants the court to enforce its September 12 judgment ordering the PEC to vacate its Stalwart Simelane Street office.
“I seek an order that the judgment and order of the KwaZulu-Natal High Court of 12 September 2017 shall immediately become enforceable and executable, pending the application for leave to appeal and any subsequent appeals either to the Supreme Court of Appeal or to the Constitutional Court,” said first applicant Lawrence Dube in court papers.
ANC national spokesperson Khusela Sangoni, speaking to Independent Media yesterday, said it was premature for the NEC to comment.
“The aggrieved party have the right to lodge any application. But as the ANC we would like the matter to be settled out of court, which is why we will continue to intervene in the province.
“We have spoken to both parties,” said Sangoni.
Dube was a co-applicant in the original matter together with Sibahle Zikalala, Mzweni Ngcobo and Lindiwe Buthelezi.
Spokesperson for the applicants Sthembiso Mshengu, speaking to Independent Media yesterday, said the group was appealing to the “unlawful and illegal PEC” to cease to operate as a legitimate structure.
“Allow the NEC to appoint a task team without any further delay to oversee the organisational processes towards the National Conference in December 2017,” he said.