IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST DIVISION, MAFIKENG (REPUBLIC OF SOUTH AFRICA) CASE NO. M369/2017 In the matter between: - TOKYO MATABOGE & 39 OTHERS Applicants And eos ‘ 200 “08-4 AFRICAN NATIONAL CONGRE: COUNTER ~ hoe ; SECRETARY GENERAL REPUBLIC OF SGUTHAERgn] 187 Respondeht AFRICAN NATIONAL CONGRESS PROVINCIAL SECRETARY 2° Respondent AFRICAN NATIONAL CONGRESS BOJANALA REGIONAL TASK TEAM 3° Respondent NOTICE OF MOTION KINDLY TAKE NOTICE THAT the Applicant intends raking an application to the above Court on Friday, 17” August 2047, at 14h00 or ‘soon thereafter as Counsel for Fed by: <, MEMogatine Fantorelsee 9068 ‘Cell:082 850 4882 ectthe Applicants may be heard for orders in the following terms: 1. That the rules of service and processes provided for in the rules of this Court be dispensed with in order that this matter be heard as one of urgeney in terms of Rule 6 (12). 2. That the Respondents are hereby prohibited and or restrained from holding a regional conference for Bojanala scheduled on the 12" -13" August 2017 or at any later date, until the review application under case M369/17 is heard or finalised. 3. That the Respondents pay costs of this application on attomey and client scale. TAKE NOTICE FURTHER THAT the affidavit deposed to by DAVID MASIKE together with the arihexures thereto, will be used in ‘support of this application. TAKE NOTICE FURTHER THAT the Respondents, if they wish to oppose this pplication are required to file their answering affidavit on or before the 41" August 2047 at 10h00. IF NO SUCH answering affidavit be given, the application will be heard in your absence, TAKE NOTICE FURTHER THAT the applicants has appointed the address of is attorneys mentioned hereunder as the address at which it will accept all service and process in this application, KINDLY enrol the matter for hearing accordingly. DATED AT MAHIKENG ON THIS THE 10™ DAY OF AUGUST 2017.TO AND TO: AND To: AND TO: Applicant's Attomeys 3781 Onkgopotse Tiro Street Mmiabatho Tel: (018) 384 0792 Fax: (018) 384 0368 Ref: GEN 0017-06-17 E-mail: mpmattomeys@telkomsa.net THE REGISTRAR OF THE HIGH COURT NORTH WEST DIVISION, MAHIKENG THE AFRICAN NATIONAL CONGRESS C/O MPHEKWA HOUSE MAHIKENG: THE AFRICAN NATIONAL CONGRESS - NORTH WEST PROVINCE C/O MPHEKWA HOUSE MAHIKENG THE AFRICAN NATIONAL CONGRESS- BOJANALA REGION C/O MPHEKWA HOUSE MAHIKENGIN THE HIGH COURT OF SOUTH AFRICA NORTH WEST DIVISION, MAFIKENG (REPUBLIC OF SOUTH AFRICA) CASE NO. M369/2017 In the matter between: - TOKYO MATABOGE & 39 OTHERS Applicants And AFRICAN NATIONAL CONGRESS. SECRETARY GENERAL 418" Respondent AFRICAN NATIONAL CONGRESS PROVINCIAL SECRETARY 2%? Respondent AFRICAN NATIONAL CONGRESS BOJANALA REGIONAL TASK TEAM 3° Respondent FOUNDING AFFIDAVIT 1, the undersigned, DAVID MASIKE do hereby make oath and state that:4.11 am a major male person, residing at 811 Hebron, Madibeng in the district of Bojanala, North West Province. | am the tenth applicant in the review application under case number M369/2017 1.2 The facts contained herein are within my personal knowledge unless otherwise apparent and are to the best of my knowledge trie and correct. 1.3. Unless it appears otherwise from the context, the contents of this affidavit fall within my personal knowledge and are both true and correct, 1.4 Where | make legal submissions, | do so on advice from my legal representatives, which | believe to be correct. THE PARTIES 2. The Applicants 2.1 The first applicant is Tokyo Mataboge, an adult male member of the African National Congress, Ward 28, Rustenburg, residing at no 1847 Lethabong, Rustenburg, North West Province.2.2 The 2” to 39" applicants are cited as they are in the review application, case number M369/2017. | am the tenth applicant in that matter. | bring this application in terms of section 38(a),(c) and (d) of the Constitution of the Republic of South Africa, for and on behalf of myself, the applicants and in the interest of all other members of the ANC in the Bojanala Region. Given the urgency of this matter, | could not obtain confirmatory affidavits of all applicants involved in the review application in order to support this application. | will as far as is possible seek to obtain some and hand them in on the day of the hearing of the present case. For the moment | attach confirmatory affidavit of Lawrenice Maluleke, the eight applicant whom | could urgently locate and was available as annexure DM1. The Respondents 5.1 The first respondent is the African National Congress: Secretary General, Luthuli House, Johannesburg, Gauteng Province. The second Respondent is answerable to the first Respondent and therefore should bring notice of this application to him. 5.2 The second respondent is the African National Congress: Provincial Secretary, Mphekwa house, Cnr Molopo and Warren Street, Mahikeng, North West Province.5.3 The third respondent, African National Congress: Bojanala Region: Task Team, c/o Provincial Secretary : Cnr Molopo and Warren Street, Mahikeng, North West Province 5.4 | do not cite the other Respondents as cited in case M369/2017 as the decision taken to host a regional conférence was taken by the second and third Respondents. To the extent that the rights of the other Respondents in that case may be affected by this application, I submit that they can be protected and duly defended by the first, second and third respondents. JURISDICTION 6 I humbly submit that the above Honourable Court has jurisdiction to entertain this matter as the Second and Third Respondent's principal place of business is situated within the above Honourable Court’s area of jurisdiction. Further, the cause of action in this matter wholly occurred in the three districts of Bojanala, viz Madibeng, Rustenburg and Moses Kotane, which are within the jurisdiction of this Court. | hereto attach a list of the branches in dispute as DM2. PURPOSE OF THE APPLICATION 7 The purpose of this application is to prohibit and restrain the Respondents from hosting or convening a regional conference which is scheduled to take place on the 12" — 13" August 2017 or nay later date in Bojanala, until the review 7application under case number M369/2017 has been heard or finalised. This application is informed by the nature of the orders sought in the pending review application, particularly paragraph (a) ~ (c) and (f) of the Notice of Motion. FACTUAL BACKGROUND 8 For the sake of brevity, | refer the Honourable Court to the affidavit of Tokyo Maraboge and the second to tenth applicants under the review application case M369/2017, paginated as 1 - 174. | humbly refer to these affidavits as ‘specifically incorporated in this affidavit. 9» in this review application, we seek to show and establish that all branches and its executive committees in varios sub regions in Bojanala are unconstitutional. We therefore seek an order that that they be so déclared and that they be constituted afresh. 10 We do so on the basis that their unconstitutionality violates our rights as ANC members. This unconstitutionality rest mainly on the failure of the Respondents to convene meetings properly and in accordance with the ANC constitution, guidelines and policies. This failure to convene meetings properly, denies the members of their various rights, which inter alia include- (a) to be elected to a structure; (b) to be elected as a delegate; (c) to contribute and influence policies and decisions of the ANC ;441 (d) to exercise their franchise right to vote when required for a delegate or a candidate. These rights flow from Rule 5 of the ANC constitution. which states that- “Rule 5 RIGHTS AND DUTIES OF THE MEMBERS 5.1 Rights: 51. A member shall be entitled to: 6.1.4 5.1.2 5.1.3 5.1.4 5.1.5 Take a full and active part in the discussion, formulation and implementation of the policies of the ANC: Receive and impart information on all aspects of ANC policy and aotivitiés; Offer constructive sin of any member, official, policy programme or activity of the ANC within its structures; Take part in elections and be elected or appointed to any committee, structure, commission or delegation of the ANG; and Submit proposals or statements to the Branch, Province, Ragion or NEC, provided such proposals or statements are submitted through the appropriate structures. The violation of our rights is detailed in the affidavits referred to in the affidavits of the first to tenth Respondents in the review application. The disputes we have about the Constitutionality of the branches was first raised in writing with the second and later the first respondent. | refer the Honourable Court, just as an example, to the dispute of ward 35 annexed and marked14, 16. 17. DM3. All other disputes of the second to 39" applicant are about the constitutionality of the branches and therefore the same in this respect lam reliably advised that | and other applicants, for the purpose of this urgent application, are required to proof prima facie right to the relief we claim, not a clear right. | respectfully submit that my and other applicants affidavits in the review application establishes our prima facie rights as required. Having referred our disputes about the unconstitutionality of the ANC branch meetings to the second and later first respondent, we did not receive any written response thereto. We then approached our current legal representative for assistance. Our legal representative wrote a letter to the first and second respondents on the 23" June 2017. | attach a copy of the said letter as annexure DM4. This letter was delivered with the written disputes already referred to the first and second respondents which still remained unresolved. The second respondent answered in writing on the 24" Juné 2017 requiring us to follow intemal procedures of the ANC. | attach a copy of this response marked annexure DMS. It became clear to us that the respondents were net genuinely interested in resolving our disputes as we had earlier did exactly that but to no avail. We then instructed our legal representative to launch a review application as we had already exhausted internal ANC processes. In pursuance of this /020. 21. instruction, our legal representative wrote to the first and second respondents about our intentions. | attach a copy of the said letter dated the 18% July 2017 marked DM6. The first respondent answered as per email dated the 31% July 2017 attached hereto and marked DM7. This response is, with respect, contradictory in that in the one hand it says the second respondent is “engaging with questions you are raising’, yet it continue to say “All disputes have been attended’. It then became clear to all of us that we have no space to have our disputes entertained internally in the organization. We then gave instructions to our legal tepresentative to launch a review application to declare the branches listed in the review application unconstitutional. We consulted with our legal representative from the 2” — 4 August-2017. The papers, | am advised, were issued and served on the 7” August 2017 on the respondents. Soon after the launch of the review application, | and other applicants learned on the evening of fhe 92August that the third respondent, on the instructions of the second respondent, had issued a notice to convene a regional conference of Bojanala. | attach a copy of this circular, received through an sms, marked annexure DMB. | apologise for the poor quality of this notice but that the best | could do. i22. 23. 24, 26. At this stage | and other applicants became surprised that whilst the first respondent gave an assurance that our disputes are being attended to by the second respondent, how come the latter continue to order that a regional conference be convened whilst such disputes have not been attended to. We then requested our legal representative to request that this conference be halted pending the review application. This is so because the review application is about the constitutionallty or legality of the branches to attend such regional conference or any other meeting of the ANC, a matter which is now pending before this court. | attach a copy of the said letter marked annexure DMO. To date there has been no response to annexure DMS. | and other applicants then gave instruction that our legal representative launch this urgent application in order to preserve our right to have our legal dispute ventilated in a court of law as envisaged in sections 9, 19. and 38 of the Constitution of the Republic. Given the extensive referrals of our disputes to both the first and second respondents, and their attendant failure to resolve them, | submit that | and other applicants have no alternative or suitable remedy to enforce and protect our political rights as envisaged in section 19 of the Constitution of the Republic. be26. 27. 28. 29. We stand to lose our right to be elected as delegates and or candidates to that regional conference if it is held. Worst stil, we will lose our rights to be elected by a constitutional branch to the national conference (either as candidates or delegates) of the ANC to be held in December 2017. The process with regard to the branch meetings in order to prepare for the national conference is due to open on the 1* September 2017. and other applicants believe and have grounded apprehension that we shall suffer irreparable harm if the interim relief is not granted and the ultimate relief in our review application is eventually granted. This is so because the second and third respondents have a tendency to secretly convene ANC meetings in secrecy or on extremely short notice. This fact is bore out in various affidavits fled in our review application | submit that the convening of the regional conference on the 12" — 13M August 2017 against the pending review application, as well as knowledge of the respondents of our unhappiness with our disputes, are sufficient factors that render this matter urgent. | submit that with the available evidence in our review application, we have huge prospects of success to have branches listed in DM2 to be declared unconstitutional. In that event, |, the applicants and other members of the ANC will be able to participate in lawful and constitutional branch general meetings and therefore exercise our political rights as envisaged in the Constitutions of both the ANC and the Republic. B341 33. | and other applicants in our review application, have no alternative remedy to enforce our constitutional rights, in particular our political rights than seeking this interim relief. In essence, if the regional conference is to continue, and the unconstitutional branch meetings are held for the nomination of candidates and delegates to the national conference, then no satisfactory remedy exist for us. The same problem exists in relation to the imminent regional conference. The nature of our disputes are matters which are within the power and authority of the Respondents to resolve without having to go through litigation. | and other applicants have been put by the Respondents in this needless + position of litigating what could have been resolved internally. The Respondents stand to lose nothing if this regional conference and branch general meetings are halted as they still can continue post finalization of the resolution of these disputes or the review application whichever comes first. The balance of convenience are thus in favour of granting our interim relief. WHEREFORE | submit that a proper case has been made out and accordingly pray that the applicants be granted the relief sought in the Notice of Motion. DEPONENT ig| hereby certify that the Deponent has acknowledged that he knows and understands the contents of this Affidavit, which was signed and sworn to before me at haatizyens onthis _|@ day of August 2017, and that the provisions of the Regulations contained in the Government Notice R1258 of 21 July 1972, as amended, nave been complied with. O4BS5 IA a AKel cus COMMISSIONER OF OATH NAME KEENE... ADDRESS TEEN HEAD SURPORT 2017 -08- 19 SU AFRaanse pons Sourflarwleav rouce epibmi le IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST DIVISION, MAFIKENG (REPUBLIC OF SOUTH AFRICA) CASE NO. M369/2017 in the matter between: - TOKYO MATABOGE & 39 OTHERS: Applicants And AFRICAN NATIONAL CONGRESS SECRETARY GENERAL 48 Respondent AFRICAN NATIONAL CONGRESS. PROVINCIAL SECRETARY 2% Respondent AFRICAN NATIONAL CONGRESS BOJANALA REGIONAL TASK TEAM 3°° Respondent CONFIRMATORY AFFIDAVIT |, the undersigned,LAWRENCE MALULEKE do hereby make oath and state that: 1.1 | am an adult male member of the African National Congress, Ward 34, Madibeng and residing at no EOA3, Madinyane Village, Brits North West . | am the eight applicant in the review application. 4.2 The facts contained herein are within my personal knowledge unless otherwise apparent and are to the best of my knowledge true and correct. 1.3 Unless it appears otherwise from the context, the contents of this affidavit fall within my personal knowledge and are both true and correct. 2. Ihave read the Affidavit deposed to by David Masike and confirm the correctness C8 of the information relating specifically to me and or my branch. | further confirm that he has my requisite authority and support of bring this urgent application. DEPONENT /F18 | hereby certify that the Deponent has acknowledged that he knows and understands the contents of this Affidavit, which was signed and swom to before me at Mpwrteny on this 10 day of August 2017, and that the provisions of the Regulations contained in the Government Notice R1258 of 21 July 1972, as amended, have been complied with. COMMISSIONER OF OATH Ela. Bett Rett. LI NAME ADDRESS :..OS..7 2460.00... STRER. PAP 2 leet. AIMEE. DESIGNATION SBP AMM T..OFF. ECOTE ET ANFREMA BAA HEAD SUPPORT 2a -08- 10 MAHIKENG TB AATHARsE Por TESTER SOUTH Men Pouce sisAM 14 IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST DIVISION, MAHIKENG In the matter between: TOKYO MATABOGE AND OTHERS APPLICANTS And AFRICAN NATIONAL CONGRESS & OTHERS RESPONDENTS LIST OF BRANCHES MADIBENG SUB REGION Ward 01, 02, 05, 06, 08, 11, 12, 13, 14, 15, 16, 18, 19, 22, 29, 30, 31, 32, 34, 35, 38, 39, and 41. RUSTENBURG SUB REGION Ward 08, 16, 22, 25, 30, 34 and 39. MOSES KOTANE SUB REGION Ward 10, 14, 18, 22, 26, 30, 33 and 34.bM3 30 ‘rican National Congress NORTH-WEST PROVINCE BOJANALA REGION WARD 35 MADIBENGSUB REGION OFFICE OF THE BRANCH SECRETARY ENQ :BLDNAANE /MATSATSEL4 BANDA CELL : 072 311 2635 / O76 145 7175 TG: THE SECRETARY GENERAL OMRADE GWEDE MANTASHE ATTENTION CC: THE PROVINCIAL SECRETARY COMRADE DAKOTA LEGOETE, JECT: SLAUD BAGM AND BGM PROCESS: i, iz g th structure launched by the RTT and the PEC which was owledge of the ANC mertbership and the existing BEC, this is a violation of the ANC constitution and internal rules. the Secretary General to intervene and reverse the fraudulent BGM which was aimed at manufacturing delegates for the other ANC internal process to favour a certain lined up ! by the RTT and the PEC, the matter was raised with the sry and no action of response nor intervention. ‘he Revolution; S. BANDA, BRANCH CHAIRPERSON 7 — (First letier) O™ Letter}Ams MP MOGOTLHE ATTORNEYS 3781 Onkgopotse Tiro Street PO BOX 5669, Mmabatho, 2735 Unit 12 Mmabiatho 2735, Cell 082 850 4882 Tol 018 984 0702 Fex 0183840368 E-mail mpmattomeys@telkxomsa.net Our Ref : GEN 0089/06/2017 ‘Your Ref: The Provincial Secretary The African National Congress Mphekwa House Mafikeng Dear Secretary RE: ESTABLISHMENT OF IRREGULAR AND UNCONSTITUTIONAL ANC BRANCHES: BOJANALA REGION 1. We act on behalf of several members (clients and complainants) of the ANC. in respect of this matter. 2. We are informed by clients there has been various transgressions of the ANC Constitution, policies and guidelines in the establishment of ANC branches in Bojanala. The disputes and complaints, amongst others, include the following 2.1Deliberate ignorance of Constitutional and authentic structures of the branches in the holding of BGMs nt2.2 Establishment of new ANC branches under the pretext of re-demarcation or realignment 2.3 Attendance registers for BGMs being signed or completed at other places other than duly constituted meeting venues of the branches 2.4 Notice of BGM meetings given at short notice 2.5 Exclusion from membership of ANC members 2.6 Non ANC people participating in ANC BGMs 27 Creation of parallel ANC branches 2.8 Branches holding BGMs in secret venues The above mention facts are clearly in violation of the ANC Constitution, policies and guidelines as regards the establishment of branches and or their re-alignment. All these violations were committed by your deployees from the Regional Task Team and members of the PEC. We here to attach letters from each of the ANC members and the branches affécted. The affected branches are as follows Madibeng Ward 6, 8, 14, 20, 35 and 38. Rustenburg Ward 8, 13, 16, 22, 25, 30 and 39; Moses Kotane Ward 10, 14, 18, 22, 26, 27, 30, 05 and 33. . Given this expose, the participation of these branches in the envisaged policy and elective conferences of the ANC will be unlawful and unconstitutional, Having considered the ANC Constitution, its policies and guidelines, itis clear that all the above mentioned branches are unconstitutional. It goes without saying that the status of the said policy and elective conferences will result in a nullity. . In the premise, we have been instructed, as we hereby do, to demand that you exclude the participation of these branches or its delegates from all policyand elective conferences of the ANC with immediate effect. Clients fully reserve their rights to approach a court of law to interdict the policy and elective conference. 6. We urgently await your unconditional compliance with the demand in paragraph 5 above, falling which clients will take appropriate steps to protect their rights and interests. MP MOGOTLHE ATTORNEYS DATE: 238° JUNE 2017 CC THE SECRETARY GENERAL THE AFRICAN NATIONAL CONGRESS. LUTHULI HOUSE JOHANNESBURG 23a4 impmattomeys mpmatiomeys [mpmattomeys@telkomsa.nel] 26 June 2017 12:25 PM ‘gmantashe@anc.org.za' ANC BOJANALA DISPUTES Attachments: ANC BOJANALA DISPUTES docx Good afternoon. Please find letter delivered to the ANC-NW on Friday the 23 June 2017.ANS AFRICAN NATIONAL CONGRESS Gori hipita Host, Caner Molgo ant Waren Stet Maitong PO Bex 208 tang 2745 Fab 27.1831 4894 Wet: woman 28 MP. Mogotlhe Attorneys 3781 Onkgopotse Tiro Street Unit 12 Mmabatho 2735 Attention: Mogotlhe Attorneys: SUBJECT ; ESTABLISHMENT OF IRREGULAR AND UNCONSTITUIONAL ANC BRANCHES: BOJANALA REGION ~ REF - GEN 0089/06/2017 Revolutionary greetings, Kindly note your correspondence dated 23 June 2017 referring to the above matter bears reference. The ANC in the Province has received the above mentioned correspondence and it Is noted. We request you to advise your clients to exhaust all ANC internal processes. Regards! Cl PROVINCIAL SECRETARY Ce DATE: 24 JUNE 2017 27 JUN 107 Mhreyn 29/60/201% L13 oT Provincial Chairperson: § Matunapalo, Deputy Chaitperson: & ehat, Provincial Secretary: 0 Legos, Deputy Secretary: Dante, ‘Acting Provincial Treasurer IM. Thapebmé ays mpmattorneys: From: mpmattorneys [mpmattomeys@telkomsa.net] Sent: 18 July 2017 12:06 PM To: ‘gmantashe@anc.org.za! ce: ‘ancnwpso@gmall.com' Subject: Emailing - GEN 0083-06-17 ANC SG DEMAND.pat Attachments: GEN 0089-06-17 ANC SG DEMAND Good afternoon. Please find the attached correspondence for your urgent attention.MP MOGOTLHE ATTORNEYS 3781 Onkgopotse Tiro Street P 0 BOX 5669, Mmabatho, 2735 Unit 12 Mmabatho 2735, Cell 082 850 4882 Tel 018 364 0782 Fax 0183840368 E-mail mpmattorneys@telkomsanet ‘Our Ref : GEN 0089/08/2017 Your Ref: The Secretary General The Aftican National Congress Lothull House By Email at gmantashe@anc.org.za Dear Secretary General RE: ESTABLISHMENT OF IRREGULAR AND UNCONSTITUTIONAL ANC. BRANCHES AND OR BREACH OF BGM GUIDELINES: BOJANALA REGION 1. Our letter of the 23 June 2017 and the response of the 24° June 2017 from the provincial secretary refer. We act on behalf of several members (clients and complainants) of the ANC in respect of this matter. 2. We are informed by clients there has been various transgressions of the ANC Constitution, policies and guidelines in the establishment of ANC branches and or branch general meeting guidelines in Bojanala. The disputes and complaints, amongst others, include the following 2.1Deliberate ignorance of Constitutional and authentic structures of the branches in the holding of BGMs3 2.2 Establishment of new ANC branches under the pretext of re-demarcation or realignment 2.3 Atiendance registers for BGMs being signed or completed at other places other than duly constituted meeting venues of the branches 2.4 Notice of BGM meetings given at short notice 2.5 Exclusion from membership of ANC members 2.6 Non ANC people participating in ANC BGMs 2.7 Creation of parallel ANC branches 2.8 Branches holding BGMs in secret venues . All the written complaints were emailed by the respective branches to your provincial secretary, Mr Dakota Legoete. The above mention facts are cléarly in violation of the ANC Constitution, policies and guidelines as regards the establishment of branches and or their re-alignment. All these violations were committed by your deployees from the Regional Task Team and or members of the REC / PEC. We here to submit a list of 39 branches affected by these imegularities as follows Madibeng Ward 01, 02, 05, 06, 08, 11, 12, 13, 14, 15, 16, 18, 20, 22, 29, 30, 31, 34, 35 38, 39 and 41. Rustenburg Ward 8, 13, 16, 22, 25, 30 and 39. Moses Kotane Ward 05, 10, 14, 18, 22, 26, 27, 30, 05 and 33. . Based on the violations of the ANC Constitutional, its policies and guidelines, the right of ANC members to participate in and be elected to structures and or as delegates to regional, provincial and national conferences has been infringed upon. These violations further disqualify these branches to participate in any lawful activities / meetings of the ANC.a We have further noted that since these written complaints were lodged, there has never been an official response from your regional, provincial and or national structures to same. This aggravates the manner in which the ANC treats and or attaches weight to its member's rights and privileges. We hope you shall give this matter the seriousness it deserves. . Given the infringement of the rights to these client (members of the ANC), we hold instructions to launch an application declaring these branches unconstitutional. We are informed by clients that there may be more branches with similar complaints which may be enjoined to this dispute. . Following these unlawful and unconstitutional establishment and or violations of policies and guidelines as regards the above mentioned branches, we have been instructed, to demand a written undertaking by yourself that these branches and.of any of its delegates will not be permitted to patticipate in any ANC: activites or meetings until they are re-established or conducted in accordance with the ANC constitution, policies and guidelines. This undertaking must be received on or before the 25% July 2017, failing which an applicetion will be made declaring these branches unconstitutionel, or contrary to established policies and or guidelines of the ANC. KIND REGARDS MP MOGOTLHE ATTORNEYS DATE: 18% JULY 2017 CC. The African National Congress (NW) By Email at ancnwpso@gmail.com Mphekwa House, Mafikeng 4sematoneys One Gwede Mantashe [gmantashe@anc.org zal 34 July 2017 05:19 AM | mpmattomeys | Re: Emailing - GEN 0088-05-17 ANC SG DEMAND. pdf ‘The province in the North West is engaging with questions you are raising. All dispute have been attended in Preparation for the regional conference. We must bring to your attention that factions use all the tricks to stop the Conference if they sense that the balance of forces is not in their favour. We hope that your practice does not get caught in ANC internal factional conflicts. The province has been directed to address the issues ralsed. The structures of the ANC are the Branches, a coordinating structure the Subregion, the REC, the PEC and the NEC. The group of branches you seem to be representing are not any of these structures but a group of branches that are coordinated outside the structure of the organization, making us to suspect that itis a faction. Yours sincerely ‘Swede Mantashe. sent from my iPad On 18 ful 2017, at 3:06, "mpmattorneys" wrote: Good afternoon. Please find the attached correspondence for your urgent attention. bm 32. mpmattorneys From: mpmattorneys [mpmattorneys@telkomsa net] 08 August 2017 10:41 AM ‘gmantashe@anc.org za! ‘ancnwpso@gmall.com" Subject: Emailing - GEN 0017-06-17 ANG Interdict letter pot Attachments: GEN 0017-06-17 ANC Interdict letter Good morning. Attached please find letter for your urgent attention.MP MOGOTLHE ATTORNEYS 8781 Onkgopotse Tiro Street P 0 BOX 5669, Mmabatho, 2735 Unit 12 Mmabatho 2735, Cell 082 850 4882 ‘Tol 018 384 0762 Fax 018 384.0968 _E-mail_ mpmattomeys@telkc Our Ref = GEN 0089/06/2017 Your Ref: ‘The Secretary General The African National Congress: Luthuli House By Email at ginantashe@ancorg.za Dear Secretary General RE: ESTABLISHMENT OF IRREGULAR AND UNCONSTITUTIONAL ANC BRANCHES AND OR BREACH OF BGM GUIDELINES: BOJANALA REGION 4. Our letter of the 18% July 2017 refers. 2. Given your fallure to give a written undertaking as requested in the fore mentioned letter, we received instructions and proceeded to issue and serve an application upon you in the High Court, Mahikeng under Case No M369/2017. 3. We ere now informed by clients that your Regional Executive Committee (Regional Task Team) in Bojanala has issued a notice that a regional conference is scheduled to be held on the 12"— 13% August 2017. Given this notice, there is a likelihood that such conference will take place. This clearlys would be a further violation of clients rights as stated in our earlier letter. This conference will further undermine a live legal dispute of clients against you in the pending case referred to above. . Given this development, we are instructed to request a further written undertaking from you that such conference will not take place until our clients disputes have been finalised in the above mentioned proceedings against you. Given that Wednesday is 2 holiday, this undertaking must be made on or before end of business today failing which we shall approach court on an urgent basis, Needless, we shall request a punitive cost order against you in this respect. Kind regards. exe MP MOGOTLHE ATTORNEYS DATE: 8 August 2017 CC. The African National Congress (NW) By Email at ancnwpso@gmail.com Mphekwa House, Mafikeng ay