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Staff Reporter

The disbanded Provincial Executive Committee (PEC) of the ANC in the Free State has approached the Constitutional Court seeking to have the nullification of a conference that brought it into office in 2018 set aside.

The move follows last month’s ruling by the Supreme Court of Appeal (SCA) that the party’s provincial conference held from May 18-19, 2018 was unlawful and unconstitutional.

It said the conference was in violation of a Free State High Court order delivered on November 29, 2017.

The SCA declared all decisions/resolutions and/or the outcome of the conference unlawful and unconstitutional. It however ruled that the decisions made by the PEC before the delivery of the judgement on March 31, 2021 will not be affected.

But the latest action by the dissolved PEC seems to defy a decision by the party’s top officials and national working committee (NWC) who urged the feuding parties to find a political solution to the impasse.

The notice of motion filed with the Constitutional Court indicates that the former PEC is supported by the party’s Secretary General Ace Magashule who has submitted a confirmatory affidavit to the matter.

Former provincial chairperson Sam Mashinini stated in his founding affidavit that the SCA committed material errors of fact and law to arrive at its decision.

“The judgment of the SCA is riddled with factual errors, an indication of its failure to apply its mind to the facts,” said Mashinini in the court papers.

“Declaring invalid and unlawful the PEC that was lawfully elected by lawfully elected delegates at a lawfully convened provincial conference… is a direct infringement of the constitutional rights of major members of the ANC in the Free State who complied with the ANC guidelines and constitution by electing delegates (at) the provincial conference,” he added.

The matter was brought to the SCA by three disgruntled ANC members, Matshepo Ramakatsa, Themba Mvandaba and Shashapa Joshua Motaung.

The respondents to the matter were listed as members of the ANC in the Free State and the Provincial Executive Committee respectively.

The trio wanted the appeal court to declare that the 2018 provincial conference for the ANC was held in violation of a high court court order.

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