The case brought by former ANC MP Boy Mamabolo against the party for allegedly moving him down the parliamentary list ahead of the May 29 elections last year would be heard by the Johannesburg High Court next week Monday.
In his papers, Mamabolo argues that he was removed from number 5 to 22 on the Limpopo Province to National list after he alleged that did not submit a Matric certificate.
He launched the court case so that he could be reinstated on the original spot, which he claims is number 5, because he says the provincial executive committee (PEC) does not have powers to reshuffle candidates.
His argument is that changing the list was a task of the national list committee, hence is now seeking relief from the court.
Mamabolo is currently unemployed after the list was allegedly changed.
In April last year, the same court struck off the case from its roll, agreeing with the ANC that the matter was not urgent.
Undettered, Mamabolo moved the case to the normal roll and the court has indicated on its official roll that the matter would be heard on 27 January 2025.
The ANC is opposing the matter and it has used the same papers it used when the matter was struck off the roll.
In the papers, the ANC claimed that Mamabolo told the court that he was completely removed from the list, yet he is still sitting on number 22.
It also said it (the ANC) is a voluntary organization which has the right to regulate itself on several matters.
“In the process of self-regulation, the ANC developed binding Rules to regulate the election process in 2024. These Rules are not in dispute.
“The applicant also professes to abide by the said Rules. Paragraph 9 of the Rules is clear that the final authority in resolving election disputes is the National Election Committee of the ANC.
“The applicant failed to refer his dispute to the said committee before rushing to court. The applicant has failed to file an internal appeal within 48 hours and / or to the National Election Committee of the ANC,” the ANC says in part of its court papers.
