DURBAN - According to the party's national office, the ANC in KwaZulu-Natal cannot make unilateral decision regarding appeals.
On Tuesday, the Pietermaritzburg High Court ruled that the 2015 provincial elective conference in KwaZulu-Natal was unlawful and invalid.
The party’s provincial executive committee has announced that it intends to appeal the high court judgment.
ANC national spokesperson Zizi Kodwa says the provincial structures shouldn’t make any decisions before taking directives from the national executive committee (NEC).
“Our view is that we will continue to advise them to resist any temptation to ventilate the matters before we meet with the national committee,” said Kodwa.
“We haven’t met with the KZN leadership since the ruling yesterday.
“It is important to appreciate ANC is a unitary organisation and we do not operate in federal manner that provinces can agree on a matter that rests with powers of the national executive committee because provinces don’t enjoy original power in terms of the constitution of the ANC.
“They are given delegated powers, therefore we continue to urge comrades that they should not make any statements or running commentary on the matter.”
Kodwa said the national leadership of the ANC is arranging to meet with provincial leadership in a few days’ time.
Despite calls to the contrary, the ANC’s Youth League in KwaZulu Natal has explained why it plans to appeal the ruling that declared the 2015 provincial elective conference, unlawful.
“Some still continue with this narrative that has been dismissed by a court of law that the conference was rigged was marked by material irregularities,” said KZN ANC Youth League chairperson, Kwazi Mshengu, "But we want to say to society the court has agreed with us, that even there were challenges with four branches but it didn’t affect the result. Those four branches, if you donate delegates, ten delegates each, there will be forty and the margin was 105.
“The court in its wisdom correctly said if there were challenges but it was improbably that it would have materially affected the process and outcomes of the conference.
“So we think that it appropriate that those applicants and their supporters will find it correct to respect the truth and not seek to mislead the society.”
Mshengu says they are not afraid to have the re-run conference, which elected Sihle Zikalala as provincial chairperson again, because the outcome will be the same.
“We want to put this one categorically clear that even if the conference was to be re-run tomorrow, the same outcomes of 2015 will be confirmed,” said Mshengu.
“In fact, it will be worse they will not even reach a threshold. This time they will not reach it, so we are not scared of a re-run. We can reconvene the conference this weekend and the outcome of 2015 will be the same. In fact, it will be worse because people will not even make it to the ballot. Our view is that we must appeal this decision so that we avoid creating a bad precedent that will hamstring the ANC in its operation.