As the ANC in the Eastern Cape suffered a humiliating, court-enforced halt to its elective conference, provincial secretary Lulama Ngcukayitobi conceded that ignored processes, unresolved disputes and a reckless rush to convene had triggered the legal crisis.
A court order on Thursday — backed by a directive from ANC secretary-general Fikile Mbalula — forced the conference into abeyance as the provincial leadership pressed ahead despite warnings of further court action.
Ngcukayitobi was notably absent from press briefings and provincial executive committee (PEC) meetings as the party grappled with court challenges. As provincial secretary, he is expected to attend.
On Friday night, he emerged for the first time and was seen on the promenade at the East London International Convention Centre in KuGompo City. However, he did not go inside.
At the centre of what would have been this weekend’s contest in the Eastern Cape are Ngcukayitobi and outgoing ANC provincial chair Oscar Mabuyane, whose relationship has come full circle — from allies to rivals battling for control of the party in the province.
Mabuyane is contesting a third term.
We are faced with a situation where I was told on Friday there are still pending matters relating to internal remedies in the dispute process, but there are facts we can rely on
— Lulama Ngcukayitobi, provincial secretary
The conference would have seen the Ngcukayitobi faction, aligned to the “Thina Bantu” grouping, square off against Mabuyane’s “Thina Masebe” faction.
It is understood that Mabuyane is eyeing a third term to bolster his national political ambitions, with his name circulating as a potential ANC deputy president on Mbalula’s slate.
Mbalula is believed to be aiming for the party presidency in 2027.
On Saturday Ngcukayitobi said the ANC was in an unfortunate position, as the conference could have run smoothly had all the party’s guidelines been followed.
“We are faced with a situation where I was told on Friday there are still pending matters relating to internal remedies in the dispute process, but there are facts we can rely on,” he said.
Ngcukayitobi added that the judgment was explicit that the conference must be put in abeyance until all internal remedies were exhausted.
“So the letter from the secretary-general informing us to put the conference in abeyance also reflects instances that could not have been avoided, given the circumstances.”
On Friday, Mbalula wrote to Ngcukayitobi and the PEC, telling them to put the conference in abeyance until court processes were concluded.
“Otherwise, it was a very unfortunate situation in which the ANC finds itself, having to halt the conference on the doorstep of its convening,” said Ngcukayitobi.
“Certainly, we could have anticipated some of the things and found mechanisms to mitigate against them. That’s my opinion ... based on what the guidelines provide for.”
When pressed on the root of the province’s turmoil and how it could have been avoided, Ngcukayitobi said internal voices within the party were crucial and should have been heeded.
He said internal processes provided for aggrieved members to approach dispute committees.
“The first element is that general dispute resolution mechanisms take around 14 days, and in the worst-case scenarios, about 21 days. The second element is the post for responsiveness. All matters that relate to disputes should be resolved by the time a conference sits, and the letter the secretary-general wrote to the province was emphatic on this point.”
Ngcukayitobi said this meant the conference could not be convened unless all matters were resolved, and that in resolving them, the party had to act in a way that validated those who had raised queries so they would not seek alternative avenues outside the ANC’s processes. “So that validation must be there.”
Ngcukayitobi said a lack of trust in internal processes had compelled members to seek other avenues, such as the courts.
“That’s why I’m just emphasising the need for a fair organisational process to resolve all matters so that no member is aggrieved to the extent of taking matters to court. The guideline provides for all those particular matters to the national dispute resolution committee of appeal and so on, and it says that before people can take matters to court, they must exhaust all remedies.”
On Saturday a contempt of court case implicating Mbalula, Mabuyane and Kubuyi was postponed, with no new date set. This was because it was believed at the time that the ANC was proceeding with the conference
He said there was no remedy for people’s lack of confidence in the ANC’s dispute resolution processes other than for the party to be seen to act in a manner that constructively engaged everyone within the organisation, so that no-one felt their rights were being violated.
“Those rights should be enshrined in the ANC constitution, guidelines and other policy processes, and in politics there is no alternative to robust engagement on such matters.”
The provincial dispute resolution committee had 110 disputes leading up to the conference, some of which were escalated to the national structure.
Insiders also say the PEC has been largely sidelined, often being told of decisions rather than debating them, as national leaders steer both the legal strategy and conference planning.
Ngcukayitobi wrote to President Cyril Ramaphosa, complaining about branch manipulation and the inconsistent application of the step-aside rule.
In his complaint, also addressed to the ANC’s top seven, he accused Mbalula of trivialising issues.
Asked to comment on this, Ngcukayitobi directed questions to Mbalula and the ANC’s convenor of deployees to the province, Mmamoloko Kubayi. “I am not at liberty to talk about it,” he said.
On Saturday a contempt of court case implicating Mbalula, Mabuyane and Kubuyi was postponed, with no new date set. This was because it was believed at the time that the ANC was proceeding with the conference.
By the time of going to press, the conference had not yet officially been postponed.
The Herald
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