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JUST IN | SCA rules 2018 ANC Free State election ‘unlawful and unconstitutional’

The supreme court has deemed a 2018 Free State PEC election unconstitutional.

The supreme court has deemed a 2018 Free State PEC election unconstitutional.

The Supreme Court of Appeal (SCA) on Wednesday declared the election of the ANC Free State provincial leadership in 2018 unlawful and unconstitutional.

ANC members Matshepo Ramakatsa, Themba Mvandaba and Shashapa Motaung approached the SCA to overturn a judgment on the matter.

The SCA, in the judgment, upheld the appeal with costs, including the costs of two counsels.

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“The question remains, therefore, whether the delegates to the elective PC [provincial congress] had been properly accredited and audited as required in terms of the Constitution of the ANC and its Membership Audit Guidelines… the answer is a resounding no,” the judgment read. 

“It is declared that the Provincial Conference for the Free State Province that took place on 18 and 19 May 2018 was held in violation of the court order of 29 November 2017, under case number 5942/2017, and that the said Provincial Conference, its decisions/resolutions and/or outcome are unlawful and unconstitutional,” the order read. 

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ANC national spokesperson Pule Mabe said the national executive committee would convene urgently “to give direction”.

“We call on all ANC structures in the province to remain disciplined and calm while we study the judgment and its implications for the movement, and the provincial executive committee elected at the conference,” Mabe said.

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