The Gauteng High Court in Johannesburg has ordered the African National Congress (ANC) to reinstate a member to its list of those heading to the National Council of Provinces (NCOP).

The ANC was also ordered to settle the applicant's legal bills.

Judge Leoni Windell ruled on Wednesday that the ANC had failed to honour the confidential settlement it had reached with Ponani Makhubele, last month.

Makhubele asked Luthuli House for clarity after her name was mysteriously removed from the party's list to Parliament. Following discussions between party leaders, it was agreed that Makhubele's name would be number one on the list heading to the NCOP.

At the time, the settlement between Makhubele and the ANC was declared confidential between the parties, and she was told not to tell anyone that she would be number one on the list of four members to represent Limpopo in the NCOP.

However, the ANC could not fulfill its promise, which forced Makhubele to drag the party to the high court.

"I am relieved that I am vindicated by a court of law. This ruling is not about me, but many other comrades who are not financially resourced to take the ANC to court. This ruling is going to stop leaders from taking advantage of members who can't afford legal fees.

"I want to go to the NCOP as promised and what is important is that I was initially elected to go to the National Assembly to represent my party, but my name was mysteriously removed. I don't know who removed my name and I don't know why," she said.

'The ANC must shoulder the blame'

Makhubele was initially number 14 on the list of members to be deployed by Limpopo province to the National Assembly, during the party provincial list conference in December last year.

She said that that list was accepted and adopted by the Limpopo provincial executive committee.

On March 4, she then signed the acceptance letter from the Independent Electoral Commission (IEC). But, on March 15, when she established that her name had been removed from the IEC list, she demanded answers from her party.

On April 29, she then received a letter of settlement from the ANC, declaring that she would be their first priority on the list of members to be deployed to the NCOP, which didn't materialise.

"The ANC must shoulder the blame. The matter was confidential between us, but they failed to honour their promise. I refused to be pushed out of the settlement we agreed upon. I am not scared to be dismissed by the ANC, because the Constitution protects everyone in this country."

She said she expected the ANC to respect the court order.

The ANC has been approached for comment and the story will be updated when it responds.