DURBAN - ANC KwaZulu-Natal provincial secretary Mdumiseni Ntuli has hit out at party members challenging the outcome of its Moses Mabhida regional conference, held in December.
Emafini Siyabulela Nobaza and Mlungisi Zondi, who Ntuli said purport to be ANC members in good standing, have given the ANC until Wednesday to disband the regional executive committee (REC), elected last month at the conference, chaired by Msunduzi mayor Mzi Thebolla.
In a letter of demand written by MM Ntanzi Attorneys last Wednesday, the Durban-based law firm requested the ANC’s urgent intervention within seven days from date of receipt of the letter.
“Failing which, we will approach the court to set aside the outcome of the elective conference for Moses Mabhida region. It is not our clients’ intention to hasten to court. We will only approach the court should there be no positive response from your side,” the letter states.
But, Ntuli noted in his response that the issues raised by Nobaza and Zondi were not new, and described the pair as “nomadic perpetual disputants”.
“Prior to the regional conference, your clients, represented by Ngcobo, Poyo and Diedricks Inc, deposed a letter to the ANC raising a number of imprecise, vague and widely formulated complaints, which were responded to in a letter to their then attorneys of record, dated December 12, 2021,” he said.
According to Ntuli, the ANC members made the same threat of approaching a court of law in their letter prior to the conference, but they never pursued this after the ANC responded to them.
“As was the case in their letter prior to the conference, your clients seek to assume a status not available to them. It is trite in law that members of the ANC can only act in their individual capacities as members in good standing and not on behalf of branches or a class of members,” he explained.
Ntuli said Nobaza and Zondo were not at liberty to argue on behalf of other ANC branches or members, and are only confined to argue about how they were individually disadvantaged as party members and in breach of the contract they signed with the organisation.
The allegations they raised were nothing but frivolous, and any litigation, as threatened, would be vexatious, he said.
“The ANC will defend any possible litigation and will ask for costs against your clients,” Ntuli said.
Among the allegations Nobaza and Zondi made is that the regional task team (RTT) that presided over branch general meetings (BGMs) ahead of the conference acted unlawfully in many respects, in that they manipulated BGMs and membership and spitefully excluded certain ANC members in good standing.
They also complained that the RTT had no authority to preside over the processes of the regional conference because its term of office had expired.
The conference was held last month, and Thebolla was elected as chairperson, beating uMgungundlovu mayor Mzi Zuma with 175 to 158 votes. The camp that won is regarded as Dr Zweli Mkhize’s. It is widely expected that Mkhize will contest against Ramaphosa for presidential position.
Daily News