The high court in East London has ordered the ANC’s top leadership to submit its electronic membership attendance system to the court for inspection.
Judge A. Govindjee delivered the judgment on 30 September 2024. The ruling is a key development in an ongoing legal battle over the integrity of the ruling party’s Eastern Cape provincial conference and branch qualification processes.
Members challenge verification process
ANC members Lwazi Rotya, Sinethemba Mpande and Nompumelelo Mzothwa brought the case against the Provincial Executive Committee of the ANC, the ANC national body, Secretary-General Fikile Mbalula and Eastern Cape Provincial Secretary Lulama Ngcukaytobi.
The members launched an urgent application challenging branch disputes and the verification process leading up to the provincial conference. They wanted the ANC to produce raw data from its “ANC MMS Evidence of Attendance System”, which records electronic branch attendance across the Eastern Cape for 2025 and 2026.
Mbalula and the ANC offered the electronic results for judicial scrutiny in their answering affidavits. The applicants accepted this offer, which acting judge B. Metu recorded as a binding contract in March 2026.
Inspection turns into dispute
The parties tried to inspect the data at an attorney’s office in April 2026. But the applicants’ legal representative received processed spreadsheets instead of raw electronic data. The ANC also barred them from taking photographs or making copies.
The ANC cited restrictions under the Protection of Personal Information Act 4 of 2013 (POPIA) to justify these limitations. The party argued that disclosing members’ private details required prior consent.
Court rejects privacy argument
Judge Govindjee ruled that while the ANC’s offer did not give the applicants unlimited right to copy, photograph or remove the raw dataset, it clearly required the party to place the complete electronic results directly before the high court.
The court rejected the ANC’s argument that POPIA prevented such disclosure. Judge Govindjee noted that Section 27(1)(b) of POPIA clearly permits the processing of special personal information, including political persuasion, when necessary for the establishment, exercise or defence of a legal right or during court proceedings.
ANC must hand over data within 10 days
The court ordered the ANC and Mbalula to deliver the 2025 and 2026 electronic membership system attendance results for the entire Eastern Cape to the registrar in an electronic format within 10 court days.
The court will keep the data strictly confidential and separate from the public court file to preserve member privacy. The applicants’ legal team can inspect the records and take written notes under controlled judicial supervision.
The ANC must also file a supporting affidavit within five days confirming the dataset is complete. The court ordered the ANC to pay the applicants’ legal costs.
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