Tshwarelo Hunter Mogakane
Pretoria - Prominent Mpumalanga lawyer Slungu Thobela has taken the ANC to court for allegedly victimising branches that nominated the party’s deputy president David “DD” Mabuza for ANC president.
In a 158-page document submitted to the Mpumalanga Division of the High Court, Mbombela, Thobela is taking legal action against the ANC in his capacity as a branch chairperson in Zwelisha, outside White River.
Seven respondents are named in the court papers and include Mpumalanga ANC chairperson Mandla Ndlovu, his deputy Speedy Mashilo, provincial secretary Muzi Chirwa, his deputy Lindiwe Ntshalintshali, provincial treasurer Mandla Msibi, the ANC provincial executive committee (PEC) and the entire ANC as an organisation.
Thobela Attorneys lodged the application on an urgent basis on December 9, serving all the respondents one by one and further acknowledging that Ndlovu, Mashilo, and Chirwa were out of the province attending matters of the national conference in Nasrec.
The papers, however, indicated that competent staff members of legal age were served on behalf of the absent respondents.
According to Thobela, the PEC violated the constitution of the ANC when they “rushed” to nominate a slate supporting Cyril Ramaphosa for president, Ronald Lamola for deputy president, Mdumiseni Ntuli for secretary-general, and Stan Mathabatha for national chairperson before branch general meetings were held.
“In this regard, the resolution of the respondents was communicated to the public and to the structures of the movement. I pause to mention further that the resolution of the respondents offended the ANC constitution and guidelines. (The guidelines) clearly state that it is the exclusive jurisdiction of the branches to nominate candidates for election, and the role of the respondents is to consolidate the nominations of the branches,” Thobela stated.
Thobela added that the “rush” for the PEC to publicly announce their own nominees was aimed at influencing branch members – a ruse that failed.
“I note with alacrity that when the branch general meetings began, a majority of branches that nominated contrary to the unlawful resolution of the respondents were victimised.
“This was done through unfounded disputes, forgery of signatures, and directing some of the branches to re-run their branch general meetings as if there are disputes,” he said.
Thobela informed the high court that his branch was affected by the alleged political interference.
“I pause to mention that Zwelisha Branch is one of the branches that did not accede to the unlawful directive of the respondents. Instead, the branch nominated Comrade DD Mabuza for president and Comrade (Paul) Mashatile for deputy.”
Thobela took the matter to court after finding out that delegates to the 55th national conference, which starts tomorrow, who happened to be aligned to Mabuza, were sidelined in favour of those aligned to Ramaphosa.
ANC national spokesperson Pule Mabe was not available for comment.
Provincial ANC spokesperson Ngelosi Ndlovu also did not respond to media questions.
Pretoria News