THE Constitutional Court will hear an urgent appeal by six ANC members today to have the party’s Free State elective conference declared null and void.
The members want the Constitutional Court to consider the Free State High Court’s refusal to hear the merits of the case, in which it was alleged that the provincial executive committee (PEC) of the provincial ANC had not been properly elected.
The high court had dismissed the group’s application with costs. The group had wanted a court order to stop provincial ANC leader and Premier Ace Magashule, who was re-elected at the June 22 conference, and his PEC from working.
It wanted the court to order the ANC to dissolve the Free State PEC and to appoint an interim management structure. The national ANC’s decision to accept and support the conference election results should also be put aside.
The high court held that the publication of the six members’ notice of application in the press was irregular and materially defective. Court papers had also not been properly served on 24 of the 26 respondents and the members had failed to join the branch executive committees of the ANC in the Free State in the application.
The six members contend in papers at the Constitutional Court that the high court’s reasons were not sufficient for it to deny them the right to have the merits of the case heard.
Magashule and the PEC support the high court’s decision. – Sapa