Eastern Cape high court ruling deepens ANC factional tensions

2026-03-27 - 03:31

The ANC suffered a legal blow yesterday after some party members successfully interdicted preparations for the Eastern Cape provincial conference that was scheduled to start yesterday and run until Sunday. The Eastern Cape High Court in East London ruled the elective gathering could not proceed until all disputes raised by branches were resolved. Court ruling halts Eastern Cape ANC conference preparations The judgment directed the ANC to comply fully with its own governance instruments, including conference guidelines and the party constitution, and ordered it to pay the costs of the application. At stake is control of the ANC in the Eastern Cape, where chair Oscar Mabuyane faces a challenge from provincial secretary Lulama Ngcukayitobi. Party insiders in Eastern Cape say Mabuyane is seeking a third term to strengthen his bargaining position ahead of the ANC’s 2027 national conference, as he apparently has ambitions of contesting for ANC deputy president. Mabuyane is reportedly backed by ANC secretary-general Fikile Mbalula, who himself is said to be positioning for a showdown with Paul Mashatile to succeed President Cyril Ramaphosa. Lwazi Rotya, a lead applicant in the matter, condemned what he described as the “weaponisation” of ANC internal procedures against certain members, citing the late verification report and the failure to resolve disputes as emblematic of deeper dysfunction. ‘Weaponisation’ of ANC internal procedures The three applicants argued that holding the gathering would violate both their constitutional rights and their rights as ANC members. Central to their case was the late signing of the verification report by Mbalula, which was released a week before the conference instead of the required two weeks. This, they said, left little time to challenge errors or discrepancies. They also disputed the party’s claim a 70% threshold of qualifying branches was sufficient. The ANC, via the convenor of ANC deployees in the province, Mmamoloko Kubayi, has vowed to appeal the ruling. Kubayi, minister of justice and constitutional development, dismissed the judgment as irrational, saying it reflected a misunderstanding of ANC processes. Judgment ‘irrational’ – Kubayi She said the conference would go ahead because its legal team would challenge the judgment. She added the postponement would infringe on the rights of members who had already travelled to East London for the event. For those who supported the application, the mood was jubilant. “This was about the integrity of the ANC,” said Luyolo Nqakula. The court’s ruling sets a precedent that could reverberate across other provinces, where similar disputes threaten conferences. For the ANC, already weakened by internal divisions and declining public trust, the judgment underscores the fragility of its organisational machinery. ALSO READ: Court halts ANC Eastern Cape conference: So what now for Mbalula and his friends?