BRIEF: SA Courts Busy This Morning

By Pinky Khoabane


Sihle Zikalala who until this morning was the Kwazulu-Natal ANC Chairperson

KZN ANC 2015 Elective Conference Null & Void

HIGH Court in Pietermaritzburg has moments ago, ruled that the results of the Kwa-Zulu Natal ANC’s 8th elective conference in 2015 are null and void. The conference saw Senzo Mchunu being ousted as chairperson and replaced by Sihle Zikalala.

“Victory is ours”, the CR17 supporters shouted. The removal of Zikala, seen as President Jacob Zuma’s supporter and by extension Nkosazana Dlamini Zuma’s,  paves the way for a possible return of Mchunu, who’s now firmly in the CR17 camp. His name has appeared on several proposals for the Top 6 preferred candidates to lead the ANC come December.

What does this mean for the representation of the KZN ANC at the national elective conference and more importantly, which faction will be represented? Can there be another provincial elective conference as this late stage? The membership audits are done. The branches should have already identified and decided on the delegates representing them at the national conference. They already know their preferred candidate to lead the ANC. Will a change in leadership at provincial level or in the interim structure that will be put in place, make any difference to decisions the branches would have made?

But more importantly is the impact of the ruling means for all the decisions that have been taken by the Provincial Executive Committee which has now been declared unlawful.

Just yesterday, some pundits were already counting the KZN province as being in the NDZ bag. CR17 campaign this morning feels it’s theirs for recapture. Will they? As they say, a day in politics is too long.

In truth, many of the elective conferences are a sham and if they were to be challenged in court, the outcome would be much like the findings of the Pietermaritzburg High Court.

Kenny Kunene & Weekly Expose in Court 

Businessman Kenny Kunene whose publication Weekly Expose, together with Sunday Independent, published the explosive leaks on the alleged infidelities of Deputy President Cyril Ramaphosa is in court this morning. One of the women alleged to be in an affair with Ramaphosa, has taken the online publication to court in an effort to interdict it from publishing further stories about her.

In a series of posts, Kunene wrote:

1 of #ramaphosaleaks girls is taking @WeeklyExpose 2 court. I’ll b at Joburg South High Court tomorrow at 10am. Hope she told them the truth. 

Screen Shot 2017-09-12 at 10.46.12 AM

Since you are NOT men enough to face me but use a woman to fight me. I will see you in court on Tuesday. Not just her but all of you cowards

Screen Shot 2017-09-12 at 10.46.36 AM

A. 1st someone tried to kill me, now Im being dragged to court, now they spread lies abt me in their hired gun @SundayTimesZAScreen Shot 2017-09-12 at 10.47.08 AM

Zuma, DA & The State Capture Case

The Democratic Alliance (DA) is in the North Gauteng High Court today to force President Jacob Zuma to abide by former Public Protector Thuli Madonsela’s remedial action to appoint a judicial commission into state capture which will be headed by a person chosen by the chief justice. The President is arguing that the recommendation was unconstitutional as only the president can establish a judicial commission.

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  1. If mention of the race of the judges doesn’t imply racial connotations then why did you mention it then?

    What do you call a black judge who finds against a black person?

  2. What a week!

    Pmburg court judgment Mchuni vs Zikalala

    Even though judgment is in favour of Mchunu it does not change anything and neither does it give him any advantage, as it was left unchallenged for too long.

    Zikalala has gained too much ground and support in that interim.

    If they re run the election, the current PEC will win it with a higher majority that they obtained in 2015

    Can the re-election happen before conference? Impossible!

    Can then this lead to a delay or postponement of the national election conference?

    Answer is: not

    What was then the motive of this late court application?

    It was purely for strengthening of the faction side, to widen the division, to split the vote in the province, with reputational damage to weaken the other side.

    The judgment is subject to an appeal which has already been confirmed, hence serve no victory to either party for now.

    #DA state capture case.

    I maintain the President has a valid argument, he is not compelled to implement the PP recommendation subject to the outcome of his review application, which has strong merits in my view.

    The DA argument using the Nkandla ConCourt judgment is irrelevant.

    They further say the PP has constitutional power to prescribe. How things can be done differently, I found this to be so bizarre because when the new PP tried to prescribe to parliament about motion to change reserve banks mandate she was vilified & crucified by all.

    1. The difference between the Con Court ruling and this case in terms of the alleged failure to implement PP recommendation.

      In the Nkandla matter the President did not refer the findings & recommendations of the Public Protector for judicial review, but depended on the adhoc committee findings and recommendation.

      That made a huge difference in terms of the law, which lead to the ConCourt ruling that he violated the constitution, by virtue of the failure of the above.

    2. Dear Jeff

      I find your analysis for the reason behind the case very interesting. The extent to which comrades will go in this battle for the next president. My deep deep concern is how the ANC will emerge united after December. Some ask: unity at what cost? And my view is division at what cost – a return to minority rule?

      Can you please elaborate on this view that the National Conference could not be postponed.



      1. The election of new leadership in december elective conference is a do or die situation for the survival of the Anc.
        Hence any delay or postponement will cause more harm.

        The President has openly said he is ready to step down when a new leader is elected.

        What does that mean? It means JZ will not continue to be President of the country till end of his term which is in 2019.

        It means NDZ will to take over the leadership in Government early 2018, possibly when parliament reconvenes in february.

        Why I say NDZ ? There is really no contest in this presidential race, Ramaphosa knows this, as it was clearly demonstrated at the policy conference which was made up mainly of delegates from branches.

        Will we emerge united out of this conference? Well its not a matter of choice anymore but a matter of a must.

        It was for this reason that as a compromise we agreed that losers will be accommodated into the leadership, to retain unity for the survival of our beloved movement.

        1. The speculation that Cde Bheki Cele made about the NDZ replacing Ramaphosa is not true, it will never happen in a million years.

          Is it possible that NDZ will be given a Cabinet position? Yes!
          There is a vacancy in the cabinet for a Deputy Minister which gives the President the authority to reshuffle
          (Promote & Demote)

          If I was Msholozi I would demote Nzimande to replace Manana and make NDZ Minister of higher education.

  3. It must be noted that the judges who took this decision were both Indian and another white. This does not imply any racist connotation but this should be noted because race is the big issue at the moment regarding various court decisions in the country. If you throw a poltical card into this equation you realise which camp is the favourite of the above race group of the judges.

  4. On the KZN PEC judgment – I am not sure whether the judge really applied his mind properly taking into cognisance the amount of killings in that part of the country. I hope fighting’s and killings do not spread because of this pseudo Judge. I also wish that the “present”PEC must appeal this judgement and hope it get heard sometime in 2018. I suspect that this judge is in a faction.

    1. Edmund if the case sits in 2018 you can bet there will be no conference in December. This faction will never allow it.

  5. It is too early to say, have patience. Stop analysing just observe since politics “As they say, a day in politics is too long.” Let us see what the coming weeks will bring that will cheer or worsen things deeper. And we should ask yourself what will happen to those who win and lose after december elective conference.

  6. this is a set back no news to celebrate at all.We really need a person who is not going to compromise in NDZ i believe that we have that person.

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