ANC fights back after Eastern Cape Task Team declared unlawful

The ANC has filed papers for leave to appeal a high court decision that declared the appointment of the Provincial Task Team (PTT) in the Eastern Cape unlawful and unconstitutional.

The Eastern Cape High Court ruled that the ANC’s decision to replace the elected Provincial Executive Committee (PEC) with a PTT was invalid because it was not supported by a resolution of the ANC National Executive Committee (NEC).

The court subsequently set aside the appointment of the PTT and barred its members from representing the ANC in the province.

Appeal

In its papers, the ANC and disbanded members of the PKTT argued that the court a quo erred in granting both interim and final relief in the same application.

The applicants argue that the appeal has reasonable prospects of success because the lower court contradicted itself by granting final relief after stating it would not. They contend that declaratory and review orders are final in nature and cannot be granted under the test for interim relief.

They further claim the court misapplied precedent from Zikalala v ANC, and that no proper case for final relief was made, given the disputed facts.

Different conclusion

On this basis, they submit that another court, under section 17(1)(a)(i) of the Superior Courts Act, would reach a different conclusion and dismiss the application with costs.

A date for the appeal has not yet been set.

Disarray

The ANC provincial conference was thrown into disarray in February 2026 after the court ruled in favour of an application for an interdict against it.

It followed a legal challenge by a group of disgruntled party members, including the provincial secretary Lulama Ngcukayitobi, who raised concerns about alleged membership rigging and irregularities in the processes leading up to the conference.

Important for ANC

At the time, political analyst Andre Duvenhage told The Citizen that the conference was important for the ANC because the Eastern Cape is one of its strongholds.

He said the outcomes were especially vital for figures such as ANC secretary-general Fikile Mbalula, who are reportedly interested in becoming ANC president after Cyril Ramaphosa vacates his party office in 2027.

“We know that Fikile Mbalula has certain personal political aspirations. He is also competing for a more senior position, so he has a vested interest in a certain group being elected,” he said.

Duvenhage said allegations of irregularities surrounding the conference reflect poorly on Mbalula’s leadership.