ANC to appeal high court's Bojanala judgment

Former Bojanala regional secretary, Tokyo Mataboge successfully challenged the constitutionality of 40 branch general meetings and the Bojanala regional conference. PHOTO: ANA/Stringer

Former Bojanala regional secretary, Tokyo Mataboge successfully challenged the constitutionality of 40 branch general meetings and the Bojanala regional conference. PHOTO: ANA/Stringer

Published Dec 15, 2017

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Rustenburg - The African National Congress in the North West is appealing the decision of the High Court in Mmabatho nullifying the Bojanala regional conference, provincial secretary Dakota Legoete said on Friday.

"The court ruled that Bojanala regional conference was null and void. The ANC respects democracy and powers of the courts to arbitrate in matters where any disgruntled party seeks its counsel," he said.

"It is, however, our strong held view that all the necessary processes were adhered to in preparations for and in holding Bojanala regional conference. In addition to this, upon realising that there was some dissatisfaction, several meetings were initiated with the applicants and they chose not to cooperate.  It is our firm view that the court erred on some of the critical matters of ANC procedures and processes. It is in this regard that we have instructed our legal team to immediately file an appeal."

He said it was clear that the applicants never challenged the ANC national conference processes and therefore the judgment had no immediate direct bearing on the number of North West delegates at the national conference.

"The ANC in Bokone Bophirima [North West] calls for calm and unity as we prepare to fully participate in the ANC’s 54th national conference."

The high court ruled that branch general meeting held during November 26 to July 2017 were unconstitutional and irregular established.

The affected branches were in the Madibeng, 24 branches, Rustenburg seven branches and eight branches in Moses Kotane.

The court also ruled that the decisions of branch meetings held during October to November 2017, for the purpose of electing delegated to the national conference were irregular, invalid and unconstitutional and were set aside.

The court ruling did not affect the rights of delegates who have been elected at properly constituted branch general meetings to serve as delegates at any conference of the ANC.

Former Bojanala regional secretary Tokyo Mataboge and 39 others approached the high court seeking an order to nullify Bojanala regional conference, stating that 40 branches in Bojanala were not constitutionally established.

African News Agency/ANA

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