Justice Mahase made an order having heard Advocate Thulo Hoeane for the three petitioners being Motseki Lefera, ‘Matumisang Ntiisa and Martha Makhohlisa and having read papers filed of record. The order also states that the respondents being the party and its National Executive Committee (NEC) should continue to execute the functions of the NEC in line with the constitution of the party for a period not exceeding twelve months from May 8, 2019 as an interim NEC.
It further states that the interim NEC should make all the necessary operations with the relevant structures of the party to effect the requisite amendments to the constitution of the party to make provision for the election of all members of the NEC which are not currently provided for in the constitution of the party.
The applicants were all members of the party and were part of the voting delegates during the February 2019 elections. Lefera is from Mechechane constituency while Ntiisa and Makhohlisa are from Mabote constituency. However, the court was on the same day, Wednesday afternoon, expected to hear the points of law in a case in which two factions of the party are fighting over the results of the February NEC elections.
In this case where the applicants: Habofanoe Lehana, Keketso Sello and Mohapi Mohapinyane, are asking the court to ask the 44 respondents to show cause if any, why the first respondents being ABC shall not be interdicted from confirming its purported new national executive committee elected during its recent conference pending finalisation of this case.
The applicants also want the party’s NEC to show cause, why it shall not be interdicted from handing over the properties of the party to
the purported newly elected committee pending the final determination of this application.