Mahumapelo victorious in his case against the ANC
The South Gauteng High Court in Johannesburg has ruled the African National Congress (ANC) acted unlawfully in its decision to dissolve the North West Provincial Executive Council (PEC).
The judgment was handed down on Wednesday morning.
In August last year, the ANC disbanded the PEC in the North West and proceeded to establish a provincial task team.
Former North West premier, Supra Mahumapelo, and four other members of the PEC challenged the decision by the ANC's National Executive Committee (NEC).
Judge Fayeeza Kathree-Setiloane found that the ANC NEC acted in isolation and against the ruling party's constitution, adding that the deployment of the provincial task team was also unlawful.
Judge Kathree-Setiloane said the PEC should be reinstated within the next two days.
"It is clear that a right to a hearing before decisions are made are to be at the heart of the ANC organisation
"It is common cause that the branches were not consulted. The NEC cannot act in isolation of the ANC constitution,"
"The ANC's failure to consult before taking a decision to dissolve NW PEC was non-compliant to its own constitution," said Judge Kathree-Setiloane.
Mahumapelo was in court and said the matter could have been dealt with in a proper way without the involvements of the courts.
"We were not supposed to be here. The national executive committee must make sure before you arrive at such a serious decision, you pause, you reflect on the possible political implication of your decision," added Mahumapelo.