…as opponents application is thrown out
By Godfrey Simons
BLOEMFONTEIN – The Bloemfontein High Court has thrown out an application brought by six disgruntled African National Congress members seeking to nullify the results of provincial elections held in June on the premises that courts should not be used to solve internal political fights.
Delivering his judgement, Justice Mojalefa Rampai said said: “Nocourt can resolve internal fights of the party (ANC). On the strength of thefatal procedural defects and irregularities, the application isdismissed.”
He ordered the six ANC applicants dubbed “Regime Change”, andcomprising Mpho Ramakatsa, Tumiso Mbethe, Majoro Mpuru, ElishaMbangula, Cecilia Chaka and Ntshiwa Morolloane to pay the costs of theapplication.
“The first preliminary point raised in limine by the respondents was well taken. The publication, by the applicants, of the notice of motion in the press purportedly as some sort of substituted service in terms of uniform rule 4(2) was procedurally irregular and thus materially defective,” Justice Rampai said. He said the incomplete service of the founding papers on 24 of the 26 respondents, by the sheriff on behalf of the applicants was materially defective.
“Accordingly the second objection is upheld. The deficient service on the respondents is declared incurably irregular, unprocedural, null and void and of no force and effect in law. The third preliminary point raised in limine by the respondents was good in law,” he ruled.
Rampai said the applicants had failed to join the BEC (Branch Electoral conference), which is the fundamental structure and nucleus of the ANC.
By specifying, citing and serving the chairpersons accused of manipulating the important lists of delegates to the provincial conference “was procedurally irregular.”
“The non-joinder of certain identifiable BECs with direct interest in the matter as demonstrated in the applicants founding papers was procedurally irregular. The applicants prematurely launched the current application for the judicial review of an administrative decision before it was actually taken. Accordingly the fourth and final objection is also upheld,” Rampai said.
The application was brought after the June 26 Parys provincial elective conference that saw Magashule Thabo Manyoni, William Bulwana, Mamiki Qabathe, Msebenzi Zwane, Tate Makgoe, Butana Khompela, Olly Mlamleli, Sisi Mabe, Sam Mashinene, Fezi Ngumbentombi, Malewatle Nthedi, Sebenzile Ngangelizwe, Manana Tlake, Sisi Ntombela, Manana Sechoara, Sarah Moleleki, Madala Ntombela, Jack Matutle, Meggie Sotyu, Mathabo Leeto Jonas Ramagoase, German Ramathebane, Max Moshodi, Madiro Mogopodi and African National congress cited as respondents elected unopposed after former Economic MEC chickened out at the last minute.
Supporters of the regime change group and of the opposing Magashule camp sang,
chanted and jeered each other on a rainy day outside the court. They were separated by police barbed wire as the streets near the high court were closed. This is the second time that the court has ruled against the 6 members. The last time was in August and on September 27 the application could not be heard as the respondents had not filed opposing affidavits.
Ace Magashule and 25 others were represented by Advocate Neil Snellenburg and the applicants, Ramakatsa and others are represented by Advocate Anton Relix who stood in for Advocate Dali Mpofu.