Lawyers accuse ANC of contempt as three members fight suspension in Eastern Cape

Lawyers for three Eastern Cape ANC members have asked the party to withdraw suspension notices and warned of legal action, accusing the ANC and its officials of contempt of court. The challenge follows notices dated 4 June that were served against activists Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzothwa.

Who is involved and where

The activists recently approached the Eastern Cape High Court in Makhanda seeking to nullify the ANC’s interim provincial task team (PTT) and to have all its decisions declared invalid. The PTT was set up by Luthuli House to replace an expired provincial executive committee and to address an internal dispute between provincial chair Oscar Mabuyane and secretary Lulama Ngcukayitobi.

Suspension notices and the lawyers’ response

The lawyers wrote to PTT coordinator Helen Sauls-August questioning the suspension notices and demanding they be withdrawn. The lawyers said they had instructed Sauls-August to retract the “threats/letters of intention to suspend” within four days of receipt, “failing which we shall institute proceedings against you without further notice.”

The notices cite the ANC constitution’s Rules 25.56 and 25.57.5, which relate to the suspension of a party member, office-bearer or public representative and provide for a reasonable opportunity to respond before suspension.

Allegations of contempt and other breaches

The activists’ legal team said the PTT appointment undermined a court order and attacked the judiciary, and that the PTT’s existence infringed their clients’ rights as ANC members in good standing. The lawyers said the PTT appointment had been challenged in court and pointed to pending proceedings against the ANC and its officials for violating the constitutions of the country and the party, as contained in the interdict.

The lawyers also warned that the ANC and/or secretary-general Fikile Mbalula were in contempt of court for refusing to disclose raw data that the court had required to support the party’s claim that there had been no violation of ANC processes in the run-up to the postponed provincial conference.

“The intimidating conduct your letter inflicts on our clients is another sign of the violation of the court order. This is also a clear defeat of the ends of justice when you intend to punish our clients for exercising their constitutional rights,” the letter said.

Additional allegations

The lawyers said the ANC had breached its own guidelines and procedures governing branch general meetings and biennials held prior to an elective provincial conference. They also accused the ANC of manufacturing a fake extract of national executive committee meeting minutes in court papers to justify its case.

“To add insult to injury, the legality and existence of the PTT, which is presently purporting to take disciplinary steps against our clients, is the subject of a reserved and pending judgment. At best, the conduct of the ANC constitutes multiple breaches of Section 165 of the constitution and are [sic] an attack on the dignity of the courts and the judiciary.”

What happens next

The lawyers demanded that Sauls-August withdraw the suspension notices or face legal action. They said contempt of court proceedings have been instituted against the ANC and its officials in relation to the existing court order.

The dispute sits alongside broader internal party tensions in the Eastern Cape and legal battles over the validity of the PTT and the conduct of the party in the lead-up to the postponed provincial conference.