THREE disgruntled ANC North West members are heading to the Supreme Court of Appeal (SCA) over the disputed provincial conference held in 2022.

Since the conference in August 2022, Lebogang Medupe, Sello Molefe and Itumeleng Moswane have been fighting the provincial executive committee (PEC) led by chairperson Nono Maloyi, his deputy Lazzy Mokgosi, provincial secretary Louis Diremelo, deputy provincial secretary Viola Motsumi and provincial treasurer Sello Lehari.

In their court papers, they argue that the term of the office of the ANC North West interim provincial committee (IPC) appointed in July 2019, had expired at the time of the convening of the provincial conference and the election of conference committees.

Medupe, Molefe and Moswane want the SCA to determine whether there was a hostile takeover of the conference by the ANC permitting of relief in favour of the appellants, whether the court a quo erred in fact and misdirected itself in finding that the IPC lawfully issued a notice for the ninth provincial conference and whether the National Executive Committee (NEC) had the authority to conduct or hold that election.

In May 2023, North West High Court Deputy Judge President Tebogo Djaje dismissed their application with costs.

In September the same year, Judge Djaje also dismissed with costs the trio’s application for leave to appeal.

Medupe, Molefe and Moswane in their application for leave to appeal told the high court that Judge Djaje erred in finding that in July 2022 an ANC NEC meeting took a decision to extend the IPC’s term of office to the end of August that year.

Additionally, they said the judge erred in finding that the ANC NEC in resolving to extend the term of office of the IPC, acted in terms of the ANC constitution and was therefore authorised to extend the interim committee’s term of office.

They want the notice calling for the provincial conference held in August 2022 declared unlawful, invalid and of no force and effect.

”That it be declared that the ANC's decision of the 13th August 2022 to usurp the powers and functions of the ANC's ninth provincial conference after the court had declared on the 12th August 2022 that the term of the IPC of the North West had lapsed is in violation of the ANC constitution and is unlawful and be set aside,” read their court papers.

Medupe, Molefe and Moswane also want decisions, resolutions and or outcomes of the conference declared unlawful and to be set aside and the ANC to be interdicted from continuing and or finalising the provincial conference of the North West that had been scheduled for 26 to 28 August 2022.

In addition, they want the ANC to be ordered to appoint an interim structure in terms of the ANC constitution instead of the North West PEC, pending the election of a lawfully constituted PEC.

The SCA will listen to arguments in the matter later this month.

loyiso.sidimba@inl.co.za