FS ANC defies party top brass with ConCourt bid to undo PEC nullification

The PEC wants the Supreme Court of Appeal judgement which found that the 2018 election of the PEC was unlawful and unconstitutional set aside with costs.

ANC secretary-general Ace Magashule. Picture: Boikhutso Ntsoko/Eyewitness News.

JOHANNESBURG - The African National Congress (ANC) in the Free State has seemingly defied the party's top officials and national working committee (NWC) by filing papers in the Constitutional Court to appeal a Supreme Court judgement nullifying its provincial executive committee (PEC).

Eyewitness News has seen the notice of motion, with both the Free State PEC - represented by embattled Ace Magashule - and the executive committee of the ANC listed as applicants.

The PEC wants the Supreme Court of Appeal (SCA) judgement which found that the 2018 election of the PEC was unlawful and unconstitutional set aside with costs.

READ: SCA declares 2018 ANC FS conference unlawful & unconstitutional

Last week, the NWC said it had told the province to find a political solution, with former deputy ANC president, Kgalema Motlanthe, expected to lead the talks.

Another week, another act of defiance from the ANC’s Magashule, whose office functions as the engine of the former liberation movement.

This time he has emboldened his former PEC to challenge a court outcome that the ANC had decided no longer needed to be ventilated in the courts.

Eyewitness News has seen the lengthy application in which the party argued that nullifying this PEC would be an infringement to the majority of those who complied with ANC guidelines for conference.

It claimed that the SCA judgement last month was riddled with factual errors and showed that the court failed to apply its mind.

Attempts to reach ANC leaders in the Free State were unsuccessful.

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