ANC fights back against Zuma's court challenge to overturn his expulsion
Zuma claims the ANC's national disciplinary committee unilaterally scheduled hearings when his representatives were unavailable and accuses secretary-general Fikile Mbalula of intimidation during the process.
The ANC has filed a notice to oppose Zuma's application and promises to submit its answering documents at a later stage.
The ANC has moved to block former president Jacob Zuma's bid to return to the party, filing court papers to oppose his legal challenge against his expulsion. City Press understands that the party filed a notice of intention to oppose Zuma's Johannesburg High Court application on 25 July, in which he argues his disciplinary process was unlawful and seeks reinstatement to the ANC.
READ: Jacob Zuma challenges ANC expulsion in court, citing intimidation and procedural irregularities
Zuma's application at the same court, filed on 8 July, shows that the Umkhonto weSizwe Party (MKP) leader contends that the process leading to his expulsion as a member of the ANC in November last year was 'irregular and illegal'.
He claims that the ANC's national disciplinary committee (NDC) unilaterally determined the hearing dates despite his representatives being unavailable at the time, on 23 July last year.
In the notice, the ANC, with President Cyril Ramaphosa cited as a respondent, indicates that its answering papers and all the necessary documents to substantiate its case will be submitted at a later stage.
The ANC and Cyril Ramaphosa hereby give notice of the intention to oppose the notice of motion and appoint the address at the attorneys set out in the notice of motion as the address where all documents in the matter will be served
ANC legal papers
The contentious legal action by Zuma comes as the ANC's disciplinary committee found him guilty of 'prejudicing the integrity' of the party by joining the MKP and has given him three weeks to appeal against its ruling.
In his court papers, he highlights procedural flaws that led to the verdict of his expulsion. A pre-hearing conference was not held, despite being expressly directed by the NDC.
'A pre-hearing conference is an important feature of a fair hearing and not just a mere optional formality,' his papers state.
Zuma also alleges that his representatives were subjected to intimidation at the hands of ANC secretary-general Fikile Mbalula.
According to the court papers, Mbalula allegedly sent WhatsApp messages to Tony Yengeni, Zuma's representative in the hearing.
The alleged messages from Mbalula to Yengeni read: 'Who do you think you are, to destroy the ANC, and who are you, Tony?'
Zuma further states that Yengeni regarded Mbalula's actions as bizarre and unconstitutional.
'He correctly regarded Mbalula's conduct as insulting, intimidating and a breach of the spirit of the ANC constitution. I agreed with his view and, after he reported the incident to me, I instructed him to raise it with the NDC at the earliest convenience, in the hope that the ANC would take appropriate action against such blatant misconduct,' read the court papers.
He further asserts that the ANC failed to provide him with the heads of argument, an omission he regards as a violation of his constitutional rights.
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