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Western Cape ANCYL's legitimacy challenged in court

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Western Cape ANCYL's legitimacy challenged in court

Western Cape ANCYL's legitimacy challenged in court

1st December 2017

By: News24Wire

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The legitimacy of the Western Cape African National Congress Youth League's (ANCYL) provincial executive committee (PEC) has been challenged in the Western Cape High Court, continuing a year of growing divides in the structure.

Six members of the ANCYL in the province and a seventh individual, who call themselves "youth activists", filed papers in the Western Cape High Court on Friday asking for an urgent interdict against the formal structure.

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They want the High Court to declare the current provincial youth league structure no longer lawful or legitimate.

"It is our client's instructions that your organisation's provincial executive committee was elected on February 22, 2015 to stay in office for a period of two years, ending on February 22, 2017," the notice of motion by the activists' lawyers read.

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"The committee in question continues to represent the ANC Youth League in the Western Cape."

As a result of the lapse of the committee's term, the activists are seeking that the ANCYL PEC is interdicted and restrained from:

• representing the ANCYL in the Western Cape;
• organising and holding any provincial or regional conferences in the Western Cape;
• establishing regional executive committees and regional task teams; and
• purporting to exercise any powers of the ANCYL PEC.

"All decisions, resolutions and actions by the so-called ANCYL PEC since February 23, 2017, to the date of granting the order in this application are null and void," the founding affidavit reads. The application is set down for 14:00.

A seemingly unhappy provincial secretary Andile Mbali responded to the lawyer's notice of motion with "f**k you", in an email chain which News24 has seen.

Mbali told News24 on Friday that the slur was not directed at the challenge, but rather the member who had initiated the process, who he claims was acting without authority to do so.

Western Cape ANCYL spokesperson Siyabulela Tom said some of the "activists" were not even members of the youth league in the province.

"We do not recognise members acting as individuals. They need to join branches and lodge complaints through formal structures," Tom told News24 on Friday.

They would not comment on the court challenge, and were awaiting instruction from their legal team.

Mbali said the provincial committee was not acting on its own as the issue of the Western Cape youth league's term was decided on by the league's national executive committee.

The youth league in the province will be holding its next provincial congress to elect new leadership in January, after the ANC's national elective conference in December.

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