POLITICAL NEWS - The Johannesburg High Court found on Wednesday that the decision by the governing ANC’s national executive committee (NEC) to disband the party’s North West provincial executive committee (PEC), which was chaired by Supra Mahumapelo, was procedurally unfair and a breach of the party’s constitution and in violation of the “applicants section 19 constitutional rights”.
Mahumapelo was, along with other disgruntled ANC members, seeking to have the ANC national executive committee’s decision to dissolve the party’s North West leadership dissolved set aside.
Judge Fayeeza Kathree-Setiloane said: “The applicants are accordingly entitled to the declaratory relief sought,” which declares unlawful and sets aside the NEC’s decision to dissolve the North West PEC and subsequently appoint the provincial task team (PTT).
“While a declaration of rights is important, it is not sufficient where the conduct of the respondent is unlawful for being in noncompliance with its own constitution as is the case here,” said Judge Kathree-Setiloane.
The judge further ruled that leaving the PTT in place, as the governing party has contended, would constitute preserving an illegal state of affairs “in the absence of any explanation from the ANC as to why the court should countenance such illegality”.
“A party seeking to preserve an illegal state of affairs must explain precisely why a court should countenance that illegality,” Kathree-Setiloane reiterated.
She said the relief granted by the court should not only be just and equitable but should also be effective.
