Disgruntled ANC members in the Eastern Cape want senior ANC leaders including secretary-general Fikile Mbalula and provincial chair Oscar Mabuyane to be jailed for allegedly being in contempt of court.
This relates to an interim interdict that was granted by the high court in KuGompo City on Thursday prohibiting the ANC from continuing with its highly contested provincial conference.
In court papers filed on Friday and seen by the Dispatch, three members alleged that the party had continued with the conference despite the interdict.
The conference has since been held in abeyance by Mbalula to deal with the legal matters they face and internal appeals by disgruntled members.
In their application, the applicants singled out Mbalula, convener of NEC deployees to the Eastern Cape Mmamoloko Kubayi, and Mabuyane, asking for them to be sentenced to direct imprisonment for 15 months, without the option of a fine.
“The respondents have intentionally breached the order. They are proceeding with the provincial conference despite the clear terms of the order. Their breach is deliberate and is a brazen attack on the authority of the court and the rule of law.
No one has been served, as we stand, on any attempt. We know there’s been threats about it. We have not received anything in terms of papers, but that will be dealt with by lawyers should there be any of that
— Mmamoloko Kubay, convener of NEC deployees to Eastern Cape
“The order was granted by this court, and the ongoing contempt is occurring in the jurisdictional area of this court,” the applicants said.
The application will be heard a day after the ANC was granted leave to appeal against the interim interdict.
Meanwhile, Kubayi said no PEC or NEC member has been served.
“No one has been served, as we stand, on any attempt. We know there’s been threats about it. We have not received anything in terms of papers, but that will be dealt with by lawyers should there be any of that,” Kubayi said.
Meanwhile, a letter to the applicants’ legal team by the ANC legal team confirms the ANC has resolved to put the conference in abeyance pending further organisational and legal processes.
“Our clients’ rights to protect and advance their interests are strictly reserved, which rights include exhausting all legal avenues available to them.
“Considering the foregoing decision of our clients, kindly revert urgently on whether your clients still intend proceeding with the contempt applications,” reads the letter.
Daily Dispatch
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