ANC set to appeal SCA’s decision on Ezulweni Investments over 2019 election material at ConCourt after ‘crucial evidence’ emerges

The ANC is set to appeal the SCA's decision on Ezulweni Investments over the 2019 election material at ConCourt. Picture: Timothy Bernard/ Independent Newspapers

The ANC is set to appeal the SCA's decision on Ezulweni Investments over the 2019 election material at ConCourt. Picture: Timothy Bernard/ Independent Newspapers

Published Nov 28, 2023

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The African National Congress (ANC) said it will appeal the decision of the Supreme Court of Appeal (SCA) in the Ezulweni matter in the Constitutional Court of South Africa.

This is after the SCA dismissed on Friday, with costs, the ANC's appeal against a high court judgment that the party was responsible for the outstanding amount of R102 million for election material in 2019.

The court had also rejected an application by the ANC to lead further evidence during its appeal in the form of a forensic report, ostensibly done by EMS Forensics into the procurement.

The ANC had gone to the SCA to appeal the judgment of the High Court in Johannesburg that ordered the party to pay Ezulwini Investments for money used to supply posters and banners for the party.

However, when the party failed to pay, it sought an order to attach its assets at Luthuli House in Johannesburg to recover the funds.

According to the ANC, after studying the judgment, the SCA did not consider new evidence that emerged from a forensic report that revealed crucial evidence.

It stated that the evidence made it plain that there was no authorisation for the transactions in question, and certain implicated individuals misrepresented their positions and authority.

To date, about nine judges from three different courts have already found that Ezulweni had a binding contract with the ruling party.

The ANC now owes Ezulweni R150 million, including legal costs, that they incurred.

kamogelo.moichela@inl.co.za

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