The Supreme Court of Appeal has upheld the legality of the African National Congress's (ANC) North West Provincial Conference, which took place from August 12 to 14, 2022.
In a landmark judgment delivered on 20 March 2025, the court dismissed an appeal brought by a group of ANC members who challenged the conference's validity and the actions of the party's National Executive Committee (NEC).
The dispute originated in 2021 when the NEC dissolved the Provincial Executive Committee (PEC) amid internal conflicts and governance concerns. Following this dissolution, an Interim Provincial Committee (IPC) was established to oversee party operations in the North West province.
The appellants, Lebogang Medupe, Sello Molefe, and Itumeleng Moswane, argued that the IPC, convened by the NEC after the provincial structure was dissolved, unlawfully held the Conference after its term had expired. They contended that the xonference's conduct violated the ANC constitution, particularly Rule 12.2.4, which mandates that elections for a new PEC should be held within nine months of dissolution.
However, the court, through the judgment penned by Justice JE Smith, reaffirmed key principles regarding the interpretation of the ANC's constitution. It ruled that while the rule requires elections to be held within a specified timeframe, extraordinary circumstances such as the Covid-19 pandemic, seemed a force majeure, rendered strict adherence to this timeline impractical.
Central to the case was the interpretation of the ANC constitution, which establishes a contractual relationship between the party and its members. The justices decided that the absence of a stipulated consequence for failing to meet the nine-month deadline means that the IPC remained in office despite the lapse of time, thereby authorising the hierarchy of the party to convene the conference.
In reviewing the judgment delivered by the North West High Court, which had initially declared that the IPC lacked voting power during the conference, the Supreme Court clarified that the NEC acted within its constitutional rights and duties, especially in the face of a court ruling that undermined the IPC's legitimacy.
Notably, the appellants alleged that the NEC's oversight of the elections constituted a 'hostile takeover' of the PEC's powers. However, the court rejected this accusation, asserting that any intervention by the NEC was justified to maintain good governance and compliance with the party's objectives during an ongoing crisis.
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