A group of disgruntled ANC members, known as the "tsunami," has won a legal battle against the ANC and its secretary-general Fikile Mbalula. The Makhanda high court ruled that the ANC must deliver electronic membership system results for the Eastern Cape province for 2025 and 2026 within 10 days. The results, also known as "raw data," must be provided in electronic form and by secure means as directed by the registrar of the court.
The applicants, Lwazi Rotya, Sinethemba Mpande, and Nompumelelo Mzotwa, took the ANC to court over branch dispute grievances and previously interdicted the provincial ANC elective conference. In the latest litigation, they sought specific performance of an undertaking made by the ANC and Mbalula in the main application. The court heard the interlocutory application on September 17, and the ruling was delivered electronically on Wednesday, September 30, 2026.
The main application was brought on an urgent basis as the party prepared to hold its elective conference in April in KuGompo City. It sought various declaratory and interdictory relief pertaining to an ANC Eastern Cape provincial conference and alleged pending branch disputes. The applicants asked that Mbalula be directed to produce the actual results of the electronic membership system, reflecting the actual scanned results of branch attendance throughout the Eastern Cape.
Judge Avinash Govindjee ordered that the electronic results be delivered to the registrar of the court in electronic form and by secure means. The results must be kept confidential and separate from the publicly accessible court file, and only the court and the applicants' legal representatives may access them. The judge also specified that the applicants' legal representatives may inspect the electronic results and take written notes, but may not copy, photograph, download, reproduce, or remove the electronic results.
The applicants' legal representatives must provide reasonable written notice to the registrar and the attorneys of the ANC and Mbalula before inspecting the electronic results. They may only access the results at a place and for periods directed by the registrar. Any information obtained from the results must be kept confidential and used only for purposes of the main application.
The ANC and Mbalula must deliver an affidavit within five court days after delivery, describing the electronic results and confirming that they are complete. The affidavit must be deposed to by a person with personal knowledge. The judge also ordered that any document filed in the main application disclosing members' identifying particulars must be filed under seal or have those particulars redacted.
The court's ruling is the latest development in the dispute between the ANC "tsunami" members and the party. The applicants successfully interdicted the provincial ANC elective conference earlier this year, and this ruling further highlights the ongoing tensions within the party. The ANC has not commented on the ruling, but it is expected to comply with the court's order and provide the electronic membership system results.
Key points
- The Makhanda high court has ordered the ANC to provide electronic membership system results for the Eastern Cape province for 2025 and 2026 within 10 days.
- The results must be kept confidential and separate from the publicly accessible court file.
- The applicants, Lwazi Rotya, Sinethemba Mpande, and Nompumelelo Mzotwa, previously interdicted the provincial ANC elective conference.
