North West ANC
By Thabo Mosia
A high-stakes legal battle within the African National Congress (ANC) in North West has reached the Supreme Court of Appeal (SCA) in Bloemfontein. On Wednesday, a panel of five SCA judges heard arguments from disgruntled North West ANC members who are challenging the legitimacy of the province’s ANC leadership elected in 2022. The outcome of this case could have far-reaching implications for the ANC’s provincial leadership and internal stability. This comes as the party grapples with internal divisions, with some members contesting the North West ANC’s 2022 provincial conference results. The leadership battle – now in the country’s second-highest court – underscores ongoing factional fights within the ruling party and has drawn national attention .
In this comprehensive report, we cover the latest developments from the SCA proceedings, detail the background of the dispute, outline the legal arguments from both sides, and examine what’s at stake for the ANC in North West and beyond. We also include insights from key political figures and analysts on how this internal strife could impact the party’s future.
Background: Disputed 2022 North West ANC Conference
The controversy stems from the ANC’s 9th North West Provincial Conference held in August 2022, where a new Provincial Executive Committee (PEC) was elected. The conference, initially convened for 12-14 August 2022, was mired in disputes from the start. A group of members raised objections about the legitimacy of the interim leadership presiding over the gathering and sought urgent court intervention. On 12 August 2022, the North West High Court in Mahikeng (sitting as the North West Division of the High Court) ruled that the province’s Interim Provincial Committee (IPC) — a temporary structure appointed to run ANC affairs after the previous PEC was disbanded — had no voting rights at the conference because its mandate had lapsed  .
Despite that setback, the conference was postponed to 26-28 August 2022 and allowed to proceed under the supervision of national ANC deployees, rather than the IPC. Then-ANC Acting Secretary-General Paul Mashatile (now South Africa’s Deputy President) issued a statement on 13 August 2022 outlining how the conference would continue in compliance with the court order. He announced that IPC members would not vote, the conference would continue under the “directive and leadership” of the NEC deployees, and the IPC “will not play any further role” going forward  . Essentially, the ANC’s National Executive Committee (NEC) took charge of the process to ensure the provincial conference could be completed.
Later in August 2022, the reconvened conference went ahead as planned. Nono Maloyi was elected provincial chairperson, alongside other officials: Lazzy Mokgosi (deputy chair), Louis Diremelo (provincial secretary), Viola Motsumi (deputy secretary), and Sello Lehari (treasurer) . However, not everyone accepted this outcome. Three ANC members from North West – Lebogang Medupe, Sello Molefe, and Itumeleng Moswane – cried foul, alleging the conference was improperly convened and its results invalid. They accused the ANC leadership of effectively staging a “hostile takeover” of the conference and violating both a court order and the ANC’s constitution  . These members, who had been candidates or aligned with a faction that lost at the conference, began a legal challenge to overturn the results.
Timeline of Key Events in the North West ANC Leadership Dispute
• July 2019: The ANC disbands the North West PEC (then led by Premier Supra Mahumapelo amid factional strife) and appoints an Interim Provincial Committee (IPC) to run the province’s ANC affairs for nine months . (The IPC’s mandate would later become a point of contention.)
• August 12, 2022: As the 9th North West ANC Provincial Conference kicks off, disgruntled members obtain a High Court order declaring that the IPC’s term had expired (lapsed) and that IPC members cannot vote at the conference .
• August 13, 2022: Paul Mashatile, as acting SG, issues a statement respecting the court order. He confirms IPC members won’t vote and says the conference will continue under NEC supervision, effectively sidelining the IPC .
• August 26–28, 2022: The conference reconvenes for its second leg. Under the eye of NEC deployees, elections are held. Nono Maloyi and his slate win the leadership contest, forming the new North West PEC. The conference outcomes are immediately disputed by opponents.
• August 2022 (Post-conference): Medupe, Molefe, Moswane and others file a court application challenging the legitimacy of the conference and its outcomes, citing violation of ANC rules and the court order. An initial urgent interdict to stop the August 26–28 gathering had been sought but was struck off the roll for lack of urgency , so the matter proceeded on the normal court schedule.
• May 23, 2023: The North West High Court (Mahikeng) delivers judgment on the main application. Judge Tebogo Djaje (Deputy Judge President of the division) dismisses the application with costs, upholding the validity of the conference and the NEC’s role . The court finds that the ANC NEC acted within its rights to oversee the conference given the IPC’s lapse, and that this did not violate the party’s constitution or the court order .
• September 7, 2023: Judge Djaje also dismisses the applicants’ request for leave to appeal her ruling, again with costs . In her leave-to-appeal judgment, she reiterates that there were no prospects of another court reaching a different conclusion. This effectively forces the disgruntled members to petition the higher courts.
• Late 2023: The applicants directly petition the Supreme Court of Appeal. In December 2024, the SCA grants leave to appeal, agreeing to hear the case. The pending appeal puts the North West PEC’s fate in limbo, even as the ANC’s NEC refrains from intervening in the province.
• February 26, 2025: The Supreme Court of Appeal hearing takes place in Bloemfontein. A panel of five judges hears arguments from both sides on whether to overturn the High Court’s decision and potentially nullify the North West ANC’s 2022 conference outcomes . (No judgment has been delivered yet at the time of writing, with the SCA likely to reserve its ruling.)
The Legal Battle and Arguments
Disgruntled Members’ Case: Why They Want the PEC Dissolved
The appellants – Medupe, Molefe, and Moswane – argue that the entire 2022 provincial conference was illegitimate and its results should be set aside. Their case rests on several key points:
• Expired Mandate of the IPC: They contend that the Interim Provincial Committee’s term had expired well before the conference. The IPC was initially appointed in July 2019 with a nine-month mandate, which would have ended in April 2020 . Even though some IPC members stayed on beyond that, the disgruntled group says that by August 2022, the IPC had no legal authority to convene or run a conference. In fact, on 12 August 2022 the High Court confirmed the IPC could not vote due to its lapsed term, which the applicants interpret as the IPC’s total loss of authority. Thus, they argue any notice issued by the IPC convening the conference was “unlawful, invalid and of no force and effect”  .
• Improper NEC Intervention (“Hostile Takeover”): The appellants claim the ANC’s national leadership overstepped by taking control of the conference. They assert that nowhere in the ANC Constitution is the NEC empowered to usurp a provincial conference’s functions as was done on 13 August 2022 . By allowing NEC “deployees” to effectively run the meeting and excluding the IPC entirely, the national leadership staged a “hostile takeover” of a provincial function , according to the disgruntled members. They maintain that the NEC had no authority to convene or continue the conference and that doing so violated both the party’s constitution and the spirit of the court’s order. (The High Court disagreed with this view, a point now under appeal.)
• Violation of a Court Order: The applicants point to the sequence of events around 12–13 August 2022. They note that on 12 August, a court declared the IPC’s term had lapsed, yet on 13 August the NEC “usurped” the conference’s powers regardless . They argue this move defied the court order by proceeding with a conference under changed conditions not sanctioned by the court. In their view, once the court ruled the IPC could not participate, the proper course would have been to halt the conference entirely until a legitimate provincial leadership structure was in place. Instead, the ANC NEC continued with the conference via an improvised arrangement, which the appellants label unlawful .
• Improvised Credentials and Delegates: Because the IPC’s elected Regional representatives (called Interim Regional Committees, IRCs) were also expired by 2022, the NEC allowed regional representatives to attend as non-voting delegates and had former IPC/IRC members present reports  . The disgruntled members argue that these ad-hoc measures violated internal procedures for accrediting conference delegates and influenced the conference’s outcomes illegitimately. (Mashatile’s 13 August statement indeed outlined that “regional representatives of the Regions will participate in the Conference as non-voting delegates” and that NEC deployees would oversee the conference .)
• Relief Sought: The appellants want the SCA to invalidate everything that arose from the disputed conference. In their court papers, they ask for a series of orders, including:
• A declaration that the notice convening the August 2022 conference was unlawful .
• A declaration that the NEC’s decision on 13 August 2022 to take over and continue the conference was unconstitutional within the ANC and unlawful, effectively a nullity .
• A declaration that the conference itself, and all decisions or resolutions taken there, are void and must be set aside . This would nullify the election of Maloyi and the entire PEC.
• An interdict preventing the ANC from implementing or finalising any part of that conference (though the conference is long concluded, this was to stop any further sessions or actions flowing from it) .
• An order that the ANC appoint an interim structure in North West (similar to the old IPC or a provincial task team) to run the province’s affairs until a fresh, lawful provincial conference can be held .
• Costs of the application on a punitive scale, given what they allege as bad faith by the ANC in how it conducted the conference .
Fundamentally, the disgruntled members argue they were denied a fair and orderly leadership election in North West, and they want a “reset” – effectively starting over with an interim committee and a new conference under proper procedures. They insist that principles of internal democracy in the ANC, as well as basic rule-of-law, were violated. Notably, their fight has continued despite significant time passing, indicating the depth of divisions in the province.
ANC’s Defence: Legitimacy of the Conference and NEC’s Actions
The ANC, both at national and provincial level, has staunchly defended the 2022 conference and the legitimacy of the Maloyi-led PEC. In court, the respondents (the ANC and the North West PEC officials) advanced these key arguments and positions:
• NEC Had the Right to Intervene: The ANC contends that the National Executive Committee is the highest decision-making body between national conferences, and it has broad powers to act in the organisation’s best interests. Citing the ANC’s Constitution, the NEC can “take all steps necessary… for the due fulfilment of the aims and objectives of the ANC” . In this case, ensuring the North West province had a leadership and completing the provincial conference was necessary for the organisation. With the PEC disbanded in 2019 and the IPC rendered impotent by the court’s ruling on August 12, 2022, there was a leadership vacuum. The NEC argues it had to step in to facilitate the conference; otherwise, the province would remain without an elected leadership. Fikile Mbalula, the current ANC Secretary-General, in an affidavit opposing the appeal, reportedly emphasized that the NEC’s role was within its authority and that the High Court correctly found no violation of the ANC Constitution in how the conference was handled  .
• Compliance with Court Order: The ANC maintains that it fully complied with the letter of the 12 August court order. The order said IPC members must not vote, and indeed they did not vote. The conference was allowed to proceed with only legitimate voting delegates (branch delegates, plus ex-officio members who still qualified). By removing the IPC’s influence, the ANC argues it actually upheld the court’s decision. The 13 August statement by Mashatile is cited as evidence that the party acknowledged and implemented the court’s directives  . The ANC’s lawyers argue that nothing in the order forbade the conference from continuing; it simply set conditions, which the ANC followed. Therefore, proceeding with the conference under NEC guidance was not defiance, but a pragmatic compliance – ensuring the IPC’s lapse didn’t derail the democratic process for branch delegates who had convened.
• NEC vs IPC – A Necessary Swap: From the ANC’s perspective, having national deployees run the show was an ad hoc but necessary solution once the IPC was disqualified from any role. The party argues that someone had to preside over credentials, logistics, and voting at the conference. The NEC deployees (who included senior national leaders) filled this gap. The ANC’s legal team pointed out that allowing the conference to collapse would have caused greater harm, potentially violating ANC members’ rights to elect their leadership. They assert that ANC members in North West still got to exercise their democratic rights at the conference (voting by legitimate delegates), and that the process, while unusual, was valid.
• Retrospective Endorsement and Extension: The ANC also presented evidence that the NEC had in fact extended the IPC’s term prior to the conference – a claim that became highly contentious (as discussed in the Mashatile affidavit controversy below). According to the ANC, in late July 2022 the NEC met and extended the lifespan of the North West IPC through the end of August 2022 . If true, this would mean the IPC was still officially in place during the conference (albeit barred from voting). The High Court accepted this narrative in May 2023, with Judge Djaje finding that the NEC did authorize an extension of the interim committee’s term and acted within the ANC constitution in doing so . The disgruntled members dispute that such a valid NEC resolution occurred (they allege it was fabricated after the fact), but the ANC insists the extension was real and properly passed by the NEC.
• Substance Over Form: The respondents urge the court to look at the bigger picture. The will of the majority of ANC branches in North West was expressed at that conference – over 700 voting delegates from branches cast ballots, and a new leadership was chosen. Overturning that result now, more than two years later, would be extremely disruptive. Unless there was egregious misconduct that affected the outcome (which the ANC denies), the courts should not lightly set aside the outcome of an internal democratic process. ANC lawyers argue that the applicants are using technicalities (like timing of IPC mandate) to nullify a conference primarily because their faction lost the election. They point out that no evidence was presented of actual rigging or fraud in the voting process at the conference itself – the objections are procedural and structural. The High Court also noted that internal party matters are generally for parties to sort out, referencing a Constitutional Court precedent that courts should not interfere with a political party’s internal decisions absent a clear rights violation . The ANC asserts that it followed its internal rules to the best of its ability under difficult circumstances, and that the outcome reflected the ANC members’ choice in the province.
• Response to Relief Sought: The ANC opposes all relief sought by the applicants. It argues that setting aside the conference now would leave the province leaderless or force the ANC to bring back an interim committee, undoing two years of work by the current PEC. Such a remedy, in the ANC’s view, would harm the public interest too – the North West provincial government (led by the ANC) works closely with the party’s PEC, and uncertainty in the ANC’s leadership could affect governance. The ANC also reminds the court that in the interim since 2022, the party has gone through a national elective conference (December 2022) and a general election (likely in 2024), with the North West PEC playing roles in both. Unraveling the PEC’s authority could complicate the legality of decisions made in those contexts. For these reasons, the ANC urged the SCA to dismiss the appeal with costs, as the High Court did .
The Mashatile Affidavit Controversy: Alleged Fraudulent NEC Resolution
A dramatic twist in this saga involves Paul Mashatile’s role and an accusation that he submitted false evidence to justify the conference. As the then-Acting Secretary-General of the ANC in 2022, Mashatile was the deponent of an answering affidavit when the case first went to the North West High Court. In that affidavit, Mashatile attached what was purported to be an official NEC resolution from a meeting on 26–29 July 2022. That resolution ostensibly showed that the ANC’s NEC had dissolved and reappointed the North West IPC (even including naming its members), thereby renewing the IPC’s mandate right before the provincial conference  . This document was meant to prove that the NEC had legally extended the IPC and that everything done was above-board.
However, Sello Molefe (one of the disgruntled members) later uncovered alarming inconsistencies. In a criminal complaint he laid in 2023, Molefe alleged that the July 26–29, 2022 NEC meeting never actually took place – meaning the resolution Mashatile submitted was a fiction . He pointed out that the supposed resolution included the names of three IPC members who were deceased by 2022: Maitu Kgaile, Sophie Maine, and Rev. O.J. Tselapedi (all had died between 2020 and 2021) . It made no sense for the NEC to “reappoint” members who were no longer alive. Furthermore, some IPC members listed had resigned long before. This suggested the document was likely copied from an older NEC resolution (from 2019) that initially appointed the IPC, with only dates changed . Indeed, the dates on the disputed resolution correspond exactly to a real NEC meeting held 26–29 July 2019 , which originally established the IPC. Molefe argued that someone had simply recycled the 2019 resolution, updated the year to 2022, and passed it off as a new resolution – a serious act of fraud if true .
Confronted with these revelations, Mashatile backtracked. In February 2023, he filed a confirmatory affidavit in which he admitted that the 26–29 July 2022 “NEC meeting” never occurred and that the resolution presented was not authentic . Mashatile offered an unreserved apology to the court, stating he could not explain how the bogus resolution came into existence, nor did he know which official was responsible for creating it . Essentially, the Acting SG of the ANC acknowledged that false information had been provided under his name, but disavowed personal knowledge of the wrongdoing. This admission was a bombshell: it corroborated the disgruntled members’ claim that the NEC had not formally extended the IPC (at least not in the manner initially claimed).
The implication is that the ANC’s defense in the High Court partly rested on a false premise – that there was an NEC mandate for its actions. Despite this, the High Court’s May 2023 judgment didn’t hinge on the disputed document alone; Judge Djaje found independently that the NEC’s assumption of control was justified by necessity and the ANC’s constitutional powers . Still, the Mashatile affidavit saga has cast a shadow. Molefe went so far as to press for Mashatile’s prosecution, filing charges of fraud, forgery and perjury. However, the National Prosecuting Authority (NPA) in North West reviewed the case and in November 2024 declined to prosecute Mashatile, citing no reasonable prospects of success . The NPA’s decision has now been taken on review by Molefe – yet another legal front opened in this ANC feud .
For the SCA appeal, the Mashatile admission potentially bolsters the appellants’ argument that the process was tainted. They can assert that even the ANC now concedes no proper NEC resolution existed at the time, undercutting the legitimacy of how the conference was called and conducted. The ANC’s counter will be that, notwithstanding that error, the NEC (or at least its top officials) informally agreed to proceed and later ratified the conference outcomes, so the lack of a formal resolution is a moot technicality. It’s now up to the SCA to weigh how much this misrepresentation affects the overall legality of the conference.
Supreme Court of Appeal Proceedings
The showdown at the Supreme Court of Appeal on 26 February 2025 attracted significant public and political interest. A full bench of five judges was empaneled to hear the case, underscoring the matter’s importance . The appellants (Medupe, Molefe, and Moswane) were represented by a senior counsel team, as was the ANC and North West PEC on the opposing side. The hearing delved into both technical matters and broader questions about internal democracy and judicial intervention in political parties.
In Court: Key Points Raised
• Jurisdiction and Justiciability: Early on, the judges probed whether this internal party dispute has sufficient constitutional or legal dimensions to warrant court intervention. Citing past cases like Ramakatsa v Magashule (2012), which held that political parties should largely manage their own affairs , some questions from the bench focused on where courts draw the line. The appellants argued that because the rule of law and prior court orders are at stake (and because the dispute affects the rights of members to a fair election process), the judiciary must intervene. The ANC side countered that the High Court already gave this a full airing and properly found no law was broken, urging the SCA not to interfere further in what is essentially a political question within the ANC.
• Validity of the Conference Notice: A significant chunk of argument concerned the notice convening the provincial conference. The appellants reiterated that the notice was issued under the authority of an IPC whose mandate had expired, rendering it null . The judges inquired if the NEC had implicitly authorized the notice, given that the national officials were involved in planning the conference. ANC lawyers claimed that the NEC’s top officials (including then-President Cyril Ramaphosa and Acting SG Mashatile) were aware of and sanctioned the conference dates, which they argue amounts to ratification. The panel pressed the ANC on why, if the NEC did extend the IPC (as was initially claimed with the disputed resolution), proper records were not kept. This line of questioning touched on the Mashatile affidavit saga; ANC counsel downplayed it as an unfortunate administrative error that was corrected, while appellants’ counsel said it was evidence of bad faith and the lengths the ANC leadership went to justify an illegal gathering.
• Impact of Setting Aside the Conference: The bench also questioned the practical implications of either outcome. Some judges noted that nearly two and a half years have passed – the North West PEC has been in office performing functions, including helping with the 2024 general election campaign. “What happens if we declare the conference invalid now?” one judge asked, raising concerns about a potential leadership vacuum and chaos in the province. The appellants’ team responded that the ANC Constitution provides for interim structures and that the NEC could swiftly appoint a caretaker committee to fill the void . They argued that cleansing the process is worth the temporary disruption, and suggested that many current PEC members could simply be part of the interim committee until a new conference is held. The ANC’s counsel, however, painted a dire picture of uncertainty and factional strife that could follow a nullification, noting that it could even affect the legitimacy of decisions made by that PEC in candidate selections and governance. The judges appeared mindful of not wanting to throw the province’s ANC into disarray, but also cognizant that if a grave illegality occurred, the passage of time alone shouldn’t bar relief.
• NEC Powers and ANC Constitution: A crucial legal question was whether the ANC NEC acted ultra vires (beyond its powers) by effectively running the North West conference. The appellants pointed to the ANC’s own constitution, which stipulates that normally the Provincial Executive Committee or Interim Committee should organize provincial conferences, not the NEC. The judges probed the ANC on what specific rule they relied on to justify NEC deployees taking charge. The ANC’s side referred to the broad enabling clause (Rule 12.2.20) that gives the NEC authority to do what is necessary , and argued that an unprecedented situation arose requiring NEC intervention. One judge asked whether it wouldn’t have been cleaner for the NEC to simply formally dissolve the IPC earlier and appoint a temporary convener or administrator to run the conference (as is sometimes done when structures lapse). The ANC’s attorneys admitted in hindsight that might have avoided confusion, but said the urgency of salvaging the conference led to on-the-spot decisions. They insisted these decisions were later endorsed by the NEC, even if procedures were improvised at the time.
• Mashatile’s Apology and Credibility: The topic of Mashatile’s false affidavit did come up. The appellants’ lawyer hammered that the court was misled and that this should cast doubt on the ANC’s entire case. “If there was nothing to hide, why was a fake NEC resolution produced?” he argued, suggesting the NEC had no authority and knew it . The ANC’s advocate tried to isolate Mashatile’s mistake from the merits, noting that the High Court didn’t base its judgment on that document alone. At least one judge seemed troubled by the revelation, asking whether the SCA should make any finding about the conduct of the ANC officials. While the focus is on the civil dispute, the point underscores the atmosphere of mistrust. The appellants reiterated that this incident proves their suspicion of a “coup” against internal democracy in North West. The court did not dwell too long on this, but it remains an ugly blot on the record.
Throughout the proceedings, the five judges actively engaged with both legal teams, asking pointed questions. Their demeanor did not clearly reveal a bias to either side, according to observers in court. The presiding judge (whose identity was not publicly confirmed in reports) indicated that the court would consider the matter carefully. Given the complexity and significance, the SCA is expected to reserve judgment, delivering a written ruling in the weeks to come. There was no immediate indication of which way the court is leaning; questions were put equally to challenge both the appellants and the respondents.
Possible Outcomes
As the province awaits the SCA’s decision, there are a few likely scenarios:
• Appeal Succeeds (Conference Overturned): If the SCA finds in favor of Medupe, Molefe, and Moswane, it could declare the 2022 provincial conference invalid and dissolve the PEC elected there. This would be a landmark decision, essentially a court nullifying an internal party election. The ANC would be forced to remove Nono Maloyi’s leadership and likely appoint a new interim committee to run North West ANC affairs . A fresh provincial conference would then have to be organised (possibly after fresh branch-level processes) to elect a new PEC. Such a ruling could throw the North West ANC into turbulence; expect intense jostling as different factions vie for spots in the interim leadership and prepare for another conference. It might also set a precedent encouraging party members elsewhere to litigate internal election disputes. However, the ANC might seek to appeal to the Constitutional Court if the SCA overturns the conference, on the grounds of protecting internal autonomy – turning this saga into a protracted legal fight going even higher.
• Appeal Fails (Status Quo Upheld): If the SCA upholds the High Court’s dismissal, the Maloyi-led PEC stays in charge and the 2022 conference stands as legitimate. The disgruntled members would have exhausted normal appeals (SCA being the final arbiter of non-constitutional matters). They could attempt a last-gasp Constitutional Court application, but the ConCourt might be reluctant to hear a case that mostly concerns internal party rules unless a clear constitutional issue (like rights to association or fairness) is demonstrated. A victory for the ANC in court would bolster the current leadership’s standing and possibly dissuade internal opponents. It would affirm the principle that the ANC’s NEC can intervene pragmatically in provincial matters. However, it may leave bitterness among the losing faction. The ANC might still need to work on uniting the province after such a divisive episode.
• Split or Mixed Outcome: There’s a possibility the SCA could opt for a nuanced solution – for example, declaring some procedural violations but stopping short of voiding the entire conference. Courts sometimes fashion equitable remedies, but in this case it’s hard to see a middle ground: either the PEC remains or it doesn’t. One theoretical option could be ordering the ANC to hold an early provincial conference (ahead of schedule) as a way to renew the mandate democratically without immediately disbanding the PEC. This could be seen as a compromise to give dissidents a chance at a redo sooner, while maintaining stability. It’s not a relief explicitly asked for, but appellate courts have leeway to make orders “just and equitable”. Still, such an outcome is speculative and the primary decision is likely to be a straight yes or no on the appeal.
Reactions and Implications
ANC National Leadership’s Stance
The ANC’s national leadership has been watching the case closely, but has so far stuck to a position of defending the North West PEC and discouraging internal challenges. Throughout 2023 and 2024, ANC officials repeatedly urged disgruntled members to use internal dispute resolution mechanisms instead of courts. Former Acting SG Paul Mashatile has been a central figure in the drama (as detailed above), albeit now in his capacity as the country’s Deputy President he has been less vocal publicly on the matter. The current Secretary-General, Fikile Mbalula, has taken a firm line against what he calls ill-discipline. When there were calls last year to disband the North West PEC due to persistent infighting and poor performance, Mbalula rejected the notion, framing such calls as factional agitation. He warned that the ANC “would not accept rebellion” in North West and that the party “won’t tolerate any form of [indiscipline]”, threatening serious consequences for members who defy party structures . This was widely seen as a message to the litigants to fall in line.
The ANC NEC itself has largely backed the Maloyi leadership. Notably, in January 2025, the NEC made decisions to shake up leadership in other provinces (Gauteng and KwaZulu-Natal) by disbanding their PECs and installing interim committees, citing the end of their terms and the need for new mandates. In North West, however, the NEC pointed out that the PEC’s status was sub judice (under court consideration) and thus left it intact pending the SCA outcome . This indicates the NEC’s stance is to let the legal process run its course, while tacitly supporting Maloyi’s administration. If the SCA rules in the ANC’s favor, the NEC will feel vindicated and likely move quickly to urge unity in the province. If the ruling goes against the ANC, the NEC will have to manage the fallout – potentially by complying and re-imposing an interim structure as ordered, but also possibly disciplining the members who took the party to court (for “bringing the party into disrepute,” as per ANC rules).
One thing is clear: the ANC’s top brass are keen to project an image of party unity and authority. Publicly, they frame this court case as an outlier action by a few disgruntled individuals, not representative of the broader membership. However, behind closed doors, the NEC knows the case exposes serious grievances. We can expect national officials like Mbalula to visit North West after the judgment to either celebrate victory or to do damage control if the PEC is overturned.
Provincial Impact in North West
For ANC members and supporters in North West, the protracted battle has been a source of uncertainty. Governance in the province could be indirectly affected; the provincial government (led by Premier Bushy Maape, who incidentally is aligned with Maloyi’s faction) relies on the ANC PEC for political direction. If the PEC were removed, there’s a question mark over the Premier and MECs – though legally they remain in office, the loss of the party leadership support could be destabilizing.
The political ramifications in the province also involve internal power balances. North West has long been known for factional divisions. The current PEC under Maloyi is considered aligned with President Cyril Ramaphosa’s camp. The disgruntled camp has associations with the former “RET faction” (supporters of ex-president Zuma and Ace Magashule) and with former premier Supra Mahumapelo. Mahumapelo himself had a court triumph in 2019 when he overturned the ANC’s disbandment of his PEC . Some see the current case as a continuation of that struggle for control in North West. A win for Medupe and colleagues might embolden the Mahumapelo-aligned faction to make a comeback in leadership; a loss could marginalize them further. The North West ANC Youth League and Women’s League chapters may also be affected, as they often take sides with one faction or another.
Moreover, the timing is crucial. The ANC is looking ahead to local government elections in 2026 and wants all provinces in solid shape well before then. If the North West PEC were to be dissolved now, the ANC would have to scramble to rebuild unity and campaign structures under an interim leadership – a scenario they’d rather avoid. Even if the PEC stays, the ANC will need to work on healing the rift. There might be attempts at power-sharing or inclusive arrangements to bring the aggrieved members back onside (e.g., offering some positions in committees or deployments) – depending on whether mutual trust can be restored.
Broader Political Ramifications and Analysis
This North West saga highlights a broader pattern in the ANC: internal contests increasingly spilling into the courts. The ANC’s constitution explicitly discourages members from taking the party to court, threatening expulsion for doing so, yet we’ve seen a rise in such cases over the past decade. Political analysts warn that these legal battles are symptomatic of deeper issues in the ANC’s internal democracy. “When internal grievances aren’t addressed credibly, disgruntled members feel court is the only resort,” notes one analyst. It reflects a lack of trust in the party’s own dispute resolution committees, which are often seen as biased towards whichever faction dominates the NEC.
Analyst Andre Duvenhage of North West University points out that persistent infighting paralyzes the ANC’s ability to govern and renew. “There is a big internal fighting within the structures of the ANC and this makes it difficult for them to take final decisions in the build-up to [elections],” Duvenhage observed, referring to earlier North West conflicts . He argues that a “rebellion” within ANC structures against the leadership weakens the party’s coherence . In the context of a tight upcoming electoral contest, such divisions could erode public support. Voters may be put off by an image of a party that is busy fighting itself instead of focusing on service delivery.
Another analyst, Ralph Mathekga, has noted that public spats and court cases damage the ANC’s credibility. They give ammunition to opposition parties who portray the ANC as corrupt and unable to manage its own affairs. The DA in North West, for instance, has commented on this case, saying it shows the ANC cares more about “jobs for comrades” than the people. While partisan, that narrative can resonate if the ANC appears consumed by internecine battles.
That said, the outcome of this case could set an important precedent for how far courts can or will go in intraparty disputes. A strong statement by the SCA one way or the other will either encourage more challenges (if the appellants win) or discourage them (if the ANC wins decisively and perhaps if costs are imposed to deter future litigants). Already, ANC figures like Mbalula are likely preparing stricter enforcement of the rule against court action – unless, of course, the court vindicates the applicants, in which case the ANC might have to introspect about how it handles internal complaints.
🔴 Central News Special Edition | Issue 94 🔴 Download the Latest Print and E-Edition | Headline: “I am a proud International criminal,
Malema Fires back at Musk and Trump”
Download Here:
Direct PDF Link:
https://centralnews.co.za/wp-content/uploads/2025/02/Central-News-Issue-094.pdf
Read all our publications on magzter:
https://www.magzter.com/ZA/Central-News-Pty-Ltd/Central-News/Newspaper/All-Issues
Central News also offers Sponsored Editorial Content, Podcasts , Radio / Social Media Simulcast, Video Production , Live Streaming Services, Press Conferences, and Paid Interviews (Video/Audio) etc.
We guarantee exceptional exposure, reach, and engagement, with an excellent return on investment.
Advertisement:
To place your advert on our platforms (Print Newspaper or Digital Platforms) : Please email : sales@centralnews.co.za
For Business Related:
business@centralnews.co.za
Newsroom:
Send your Stories / Media Statements To: newsroom@centralnews.co.za
General Info:
info@centralnews.co.za
Office Administrator:
admin@centralnews.co.za
Whatsapp / Call: 081 495 5487
Website: https://www.centralnews.co.za
Social Media Platforms (@centralnewsza) : Linkedin, Facebook, Tiktok, Twitter, Instagram, Youtube