Attention: Mr Zamani Saul Chairperson 1st Floor

ANC Northern Cape 83 Central Street

Houghton
2198
Email: zsaul@vodamail.co.za PO Box 55045
Northlands 2116
Tel: +27 11 483-1508/483-2387/483-0476
Your Ref:
Our Ref: Mr. ET Mabuza Fax: +27 11 728 - 0145
Date: Friday, September 29, 2017 Direct e-mail: eric@mabuzas.co.za

Dear Sirs

URGENT: Postponement of the scheduled Branch General Meeting and Regional

Conferences

1. We act on behalf of the below-mentioned members of the African National Congress

(ANC), who are hereinafter referred to as our clients:

1.1. Mr Eric Tshepo Khotseng, ID No: 650626 5600 080, Khotso Flatela branch,
ward 19 Sol Plaatje, Frances Baard Region;

1.2. Mr Andrew Ivan Samson, ID No: 750120 5191 083, Nombongi Butele branch,
Ward 01, Renosterberg sub-region, Pixley Ka Seme Region;

1.3. Mr Pako Theophilious Semamai, ID No: 840410 5424 085, Ditshetelo Photlhe
branch, Ward 6, Joe Morolopng sub-region, John Taolo Gaetsewe Region;

1.4. Ms Morne Phil Linden, ID No: 781213 5061 084, Kookfontein branch, Ward
2, Nama Khoi sub-region, Namaqua Region;

1.5. Mr Sebastiaan Enrico Mapanka, ID No: 820331 5415 085, Michael Booysen
branch, Ward 10, Khai Garib sub-region, ZF Mchawu Region; and

1.6. Ms Angela Nombulelo Modise, ID No: 720808 1019 087, Ward 17, Arshall
Dyushu branch, Sol Plaatje sub-region, Frances Baard Region.

Eric T Mabuza B.Proc (Unin) LLB (Wits)

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2. We have been instructed that the Provincial Executive Committee (PEC) has
issued a media statement following its Special PEC meeting held on 28 September
2017 in terms of which it announced inter alia its decision to convene:

2.1. the Branch General Meeting (BGM) for the Regional Conferences during
October 2017; and

2.2. all Regional Conferences (RC) during the weekend of 10-12 November
2017.

3. As you are aware, our clients have on numerous occasions before and after the
Provincial Conference which elected the current PEC, complained in writing and
went on to describe in great detail the extent of the irregularities which occurred in
the process leading to the Provincial Conference. They also appealed to both
yourselves and the National Secretary General, Mr Gwede Mantashe, to postpone
the Provincial Conference. Needless to say, their plea fell on deaf ears.

4. We are instructed that the PEC is an unlawful structure and that our clients have
noted their intention to launch court proceedings challenging the outcome of the
Provincial Conference electing the PEC. As a result, the PEC does not have the
legal authority to take any decision relating to the affairs of the ANC in the province,
including convening the scheduled BGM or RCs.

5. As you are also aware, Mr Mantashe has recently advised all Provincial Secretaries
in a letter dated 5 September 2017 that no Provincial or Regional Conferences
should be held beyond 30 September 2017.

6. Our clients do not understand why the PEC would seek to ignore the clear and
unambiguous instruction from the national leadership of the ANC. They are
especially concerned about your conduct in the light of the recent court judgment
which nullified the results of the KZN provincial conference on similar grounds
contended for them.
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7. Our clients have a reasonable apprehension that the PEC intends to use the
scheduled BGM and RCs to further prejudice them and to exclude them from
participating in the forthcoming December National Conference of the ANC.

8. In the circumstances, we are requested that the PEC undertake not to convene the
pending BGMs or RCs, pending a resolution of the dispute on its legality, failing
which, we are instructed to approach court on an urgent basis to interdict the
convening of the BGMs and RCs as well as set aside the outcome of the Provincial
Conference.

9. Due to the urgency of this matter, and given the timeframes, it is our instruction to
demand that you apply your mind to the concerns raised in this letter and provide
us with a response 10h00 on Wednesday 04 October 2017, indicating that you will
accede to the undertaking sought by our clients and not convene the BGMs and
RCs. Such steps, as intimated above, may include, but are not limited to, bringing
urgent proceedings in the High Court to interdict the BGM and RCs and setting aside
the outcome of the Provincial Conference.

10. Kindly note that this letter has been deliberately written with detail so as to elucidate
the main legal bases which will be relied upon in the event of litigation so as to assist
you to reach a rational decision after due application of the mind.

11. We await your urgent response on or before 10h00 on Wednesday 4 October 2017.

Yours faithfully

MABUZA ATTORNEYS

CC: Mr Gwede Mantashe (Secretary General)

Email: mmavata@anc.org.za

CC: Mr Deshi Ngxanga

Email: d.ngxanga@gmail.com
Provincial Secretary