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ANC keen to avoid courts to solve top six discrepancy

The ANC has been at pains to insist that the courts should not be brought into internal ANC affairs at the national elective conference.

The ANC's newly elected top six acknowledge their supporters at the party's national conference at Nasrec in Johannesburg on 18 December 2017. Picture: EWN

JOHANNESBURG - With an apparent dispute over numbers in the voting for the African National Congress (ANC)'s leadership positions, there are heightened concerns that the disagreement could ultimately end up in court.

Several provincial disputes over elections ended in court decisions in the Free State, KwaZulu-Natal, the Eastern Cape and Mpumalanga.

The ANC has been at pains to insist that the courts should not be brought into internal ANC affairs at the national elective conference.

Constitutional law expert Pierre de Vos says that until there are clear facts around what is actually in dispute, it is very difficult to say whether or not one faction or another could turn to the courts.

“It depends on what happened to the so-called missing votes. If people voted and the votes were not counted because they were not on the voters’ roll, although they were accredited delegates that would be an irregularity. If people wanted to take it to court, they’d probably have a good chance of winning.”

He believes that the ANC's electoral commission will want to sort out the dispute itself as per the party's constitution, with the courts being an absolute last resort.

The ANc's new top 6

VOTES DISPUTE HEADING TO COURT?

Eyewitness News understands lawyers have been put on standby to take a dispute over numbers in the voting for the ANC’s leadership positions to court if the matter cannot be resolved internally.

There is currently an investigation underway into claims that some of the votes for the secretary general position disappeared.

EWN has independently confirmed that senior counsel is ready to take the dispute to court if it cannot be resolved internally.

This has been supported by a tweet from Economic Freedom Fighters leader Julius Malema, saying Advocate Dali Mpofu has been placed on standby.

Mpofu would not comment on whether this is true or not.