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Court postpones ANC bid
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Sat, 01 Nov 2008 08:27
The Pretoria High Court has postponed an ANC bid for an urgent court
interdict to stop the use of the name, "SA National Convention", the
party said on Friday.
It said in the court did not make a finding on the merits of the
application brought on Friday afternoon, and postponed the matter to
Thursday next week.
"The judge indicated that the Independent Electoral Commission
should be joined in the case. Should a new party be formed at this
weekend's convention, they too should be joined," the ANC said in a
statement.
"The judge nevertheless commented that the applicant, the ANC, may
well have grounds for concern over the possible use of such a name by
the respondents."
ANC trying to stop event
Mbhazima Shilowa, co-organiser of the national convention by an ANC
breakaway group, earlier told reporters in Johannesburg the ANC was
trying to stop the event.
"They are interdicting that we can't go ahead
with the National
Convention because they say we can't use their name," said Shilowa as
delegates registered ahead of Saturday's convention in Sandton.
However, when approached for comment, the ANC said it was only
applying to stop the use of the name and did not want to stop the
convention.
"The interdict is only against the name," said ANC spokesperson
Jessie Duarte.
"The ANC is not vindictive," she said, adding that the organisers
were being mischievous.
Shilowa said he, former ANC Chairperson Terror Lekota who resigned from
the party on Friday, and former defence deputy Mluleki George, received
simultaneous SMS messages early on Friday afternoon informing them of
the application to the Pretoria High Court at 3.30pm.
They had just been told that Lyndall Shope, director general in the
communications department, had resigned from the NEC and the party when
they received the news.
They rushed around to find the
court papers and confirmed this.
Public record
During the question and answer session, Shilowa was told that the
ANC denied trying to stop the convention.
"I think you can ask them for the court papers. It is a matter of
public record," he replied.
Shilowa said the convention organisers regarded the application as
an abuse of the courts and questioned why the application was made the
day before the conference.
He said it had only been media speculation that the splinter group
intended using the name SANC if they registered as a political party.
They had never said so themselves.
He said that had they registered it with the IEC that would be the
correct body to approach and there was a 21-day period in which to do
so.
Laughable challenge
Challenging the name was "laughable" as the SA Nursing Council could
also enter the fray.
Asked if he would abide by the
court's decision, Shilowa said it
would not be right to ignore the courts, given that respect for the
rule of law would be on the agenda over the weekend.
The ANC expressed satisfaction with the outcome of its urgent
application.
"The ANC is satisfied with this outcome. By bringing this
application the ANC has asserted its legal rights and made the
important point that its trademark, name and identity cannot be
appropriated to serve other people's political aspirations."
The party said the application "specifically refers to the names
South Africa National Congress and/or South Africa National Convention
and/or SANC".
"Claims that the ANC has brought an application to prevent the
holding of a national convention are untrue and completely without any
basis in fact," the ANC said.
Arriving to register
Meanwhile, delegates continued arriving in buses to register for the
convention at the Sandton
Convention Centre.
The hall to be used will host a wine exhibition on Friday evening
and will then be transformed overnight into seating for about 4500
delegates.
Delegates who had not registered would not be let in as there was no
room, organisers said.