The ANC and its Secretary-General, Fikile Mbalula, have withdrawn the party's application for leave to appeal the March 2026 judgment halting its provincial conference, but its structure in the province is going ahead with the legal challenge.
Image: ANC
The ANC in the Eastern Cape is planning to continue with its appeal of the March 2026 judgment halting its provincial conference despite Luthuli House withdrawing its intention to challenge the ruling.
The party this week confirmed that it and its Secretary-General, Fikile Mbalula, in their respective capacities as the second and third respondents in the legal tussle, had formally withdrawn their application for leave to appeal the interim order of the KuGompo City High Court.
According to the ANC, the notice of withdrawal was served on all relevant parties and filed with the registrar of the High Court in the Eastern Cape city.
“The withdrawal follows the receipt of the learned (acting) judge's formal reasons for the interim order and was taken on the considered advice of our legal team. We are satisfied that the issues raised in this matter are more substantively addressed through the other procedural avenues available to us before the honourable court,” the party said.
It added that these avenues will enable the ANC to demonstrate, on a full evidentiary footing, that it has adhered to the order of the court and that the ANC's membership records and administrative processes in the Eastern Cape are sound and consistent with its constitution and governing instruments.
“The ANC reaffirms its respect for the judicial authority of the courts of the Republic. The convening of the provincial conference of the Eastern Cape will be undertaken in accordance with the ANC constitution and consistent with the directions of our courts of law,” the party stated.
However, ANC Eastern Cape spokesperson Yanga Zicina said the party is in court on the matter.
“We have elected not to discuss our legal strategy in public… But yes, we are forging ahead,” Zicina said.
The case was brought by disgruntled ANC members Lwazi Rotya, Sinethemba Mpande, and Nompumelelo Mzothwa in March. Rotya is a member of the ANC in Ward 24, Mcebisi Bata Branch, while Mpande is a member of the branch executive committee and treasurer of Valithuba Tshwaku Branch, and Mzothwa belongs to the Ward 26 branch in the Ingquza Hill sub-region.
Among other issues, they cited that the conference was unconstitutional in that it was in breach of the country’s Constitution and was unlawful in that it was in breach of their contractual rights as governed by the ANC constitution, its rules, policies, and directives, as well as that it violated the ANC’s constitution and its guidelines for branch general and branch biennial meetings, regional, provincial, and national conferences as adopted by its national executive committee (NEC).
Acting Judge Babalo Metu provided his reasons this week for ruling in the three members’ favour on March 26.
“Having looked at the circumstances under which the application is brought, I am satisfied that the applicants (Rotya, Mpande, and Mzothwa) explicitly set out facts in support of why the matter cannot wait to be heard in the normal motion court roll,” reads the judgment.
The acting judge found that Rotya, Mpande, and Mzothwa nailed their colours on the ANC mast by relying on being its members, and as party members, they have the political right to participate in its leadership elections, which must be conducted transparently, fairly, and democratically.
loyiso.sidimba@inl.co.za