ANC Greater Johannesburg chairperson Loyiso Masuku won the party’s regional conference in Johannesburg, which has since been placed under scrutiny following allegations of voting irregularities.
Image: Timothy Bernard/ Independent Newspapers
The ANC member is moving forward with the next phase of his battle after failing to prevent the party's Johannesburg regional executive committee (REC), which was elected in December, from using its authority while a review was conducted.
Stanley Itshegetseng lodged a complaint with ANC secretary-general Fikile Mbalula in December of last year following the regional conference where Johannesburg mayor Dada Morero was removed as chairperson and replaced by Loyiso Masuku, who is currently his deputy.
Itshegetseng and his lawyers also wrote to ANC Gauteng provincial coordinator Hope Papo in February but there was no formal internal decision communicated to him.
He then approached the Gauteng High Court, Johannesburg, last month, seeking to interdict the REC from running the party in the region until his review application is finalised.
Last week, Judge Wilhelmina du Plessis struck Itshegetseng’s application from the roll with costs.
The judge said she accepted that Itshegetseng acted out of a genuine concern for the integrity of his party’s internal democracy and electoral processes.
“That concern, however sincere, cannot override his obligation to adhere to the internal dispute-resolution mechanisms prescribed by the ANC constitution and guidelines themselves, to which the applicant (Itshegetseng) bound himself upon becoming a member,” Judge du Plessis found.
Itshegetseng’s legal team, Norman Komana Attorneys, on Wednesday said the matter of "Part B" (the review) will be back in court in due course after parties exchange the amended papers including interlocutory application.
He told the court that there were serious irregularities in the conduct of the elections during the conference including a conflict of interest on the part of the Elections Consulting Agency of Africa and Noluthando White, who is the founder of the external agency hired to conduct the elections.
In addition, Itshegetseng cited that failure to announce results during the conference and the alleged post-conference alteration of results to give effect to gender parity.
He added that another irregularity was the discovery of opened ballot papers from the conference at White’s private residence.
Itshegetseng also argued that the REC’s consequential decisions are imminent including preparations for the 2026 local government elections and the Gauteng provincial conference and the Morero’s reportedly looming recall.
However, Judge du Plessis stated that the ANC constitution provides a multi-tiered internal dispute-resolution architecture, which moved from branch to regional to provincial to national structures, each with dedicated dispute bodies.
“The applicant (Itshegetseng) is an experienced party member who, even on his own version and papers, is familiar with the constitutional scheme. Yet, he did not invoke any of the formal dispute mechanisms as prescribed by the ANC constitution and guidelines,” reads the judgment.