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Just weeks after being left out of the ANC’s top five interim leadership structure in the Eastern Cape, and days after the party’s provincial task team (PTT) was dissolved by court order, former provincial secretary Lulama Ngcukayitobi is back in office.
Ngcukayitobi, who did not make the top five when the ANC announced a provincial task team last month, is said to have reinstated himself as provincial secretary this week, despite the party’s national leadership insisting no provincial leadership structure currently exists.
Speaking to the Dispatch on Wednesday, Ngcukayitobi confirmed his return, saying the recent Makhanda high court judgment had effectively restored the authority of the provincial executive committee (PEC).
He said the judgment should be understood for what it was and what it said.
“It says the national executive committee (NEC) acted unlawfully against its own constitution. That’s the first element.
“And now, the implications of that, therefore, interdicts the PTT from its functioning.
“Part of what it says in the judgment is a reason for its nullification of the PTT, or setting aside the NEC decision to abolish the PEC.
“It’s the fact that the NEC did not follow its prescripts in the dissolution of the provincial executive committee.
“The implications are simple and straightforward, that the PEC had not been nullified, and by the imposition of the court judgment, the PEC itself was not dissolved.
“And therefore, as a person who is supposed to be running the day-to-day activities of the PEC, I went to office to undertake such responsibilities.
“So on Monday, I was in the office of the PEC, then dealt with matters that were before myself at that time, and I was back in the office during the course of the week.
“It is expected that a person who is supposed to be doing full-time functions of the PEC goes back to office once there is a judgment.”
His return comes despite a directive from Luthuli House barring members of the dissolved PTT from convening, presiding over or representing the province in ANC activities while the party considers its next move.
The national leadership has also yet to decide who will lead the troubled provincial structure going forward.
Although Ngcukayitobi’s name appeared among the additional members of the 44-member PTT unveiled by secretary-general Fikile Mbalula in KuGompo City last month, he insists he was never part of the structure.
Asked whether the court order barring former PTT members from acting in provincial leadership roles applied to him, Ngcukayitobi maintained he had never been appointed.
“The judgment does speak about people that were appointed in the PTT. I was not appointed in the PTT, that’s the first element,” he said.
“The second element is that it also speaks about the PTT. It does not refer to the PEC.
“I was not appointed in the PTT. I was not consulted by anybody to say, you are appointed, and so on.
“I hear it from yourself [media] that I was appointed. I saw my name in the papers.
“But none of [the] members of the NEC said, I will appoint you to this particular position. So I was never appointed.”
Ngcukayitobi argued that the NEC had failed to properly dissolve the PEC.
“The PEC requires that PEC members act up until the conference is set. Not unless they are dissolved.
“And the dissolution follows a particular process,” he said.
“That particular process includes and involves the assessment of the performance of the structure concerned.
“We have been dissolving structures on the basis that they are dysfunctional. That has been the core issue.
“It has been the dysfunctionality of a structure. That has been our reason to dissolve. Not matters relating to the end of the term.”
The PTT was appointed after the term of the provincial executive committee expired in May.
While Ngcukayitobi was included among the 44 members, his former deputy, Helen Sauls-August, was appointed provincial co-ordinator and former provincial chair Oscar Mabuyane became provincial convenor.
His omission from the top five angered some supporters, who felt he should have been appointed co-ordinator by virtue of having served as provincial secretary.
Some party members believed he had fallen out of favour with Luthuli House after ANC members aligned to him successfully challenged the party’s provincial elective conference in court earlier this year.
Party insiders said staff were surprised to see Ngcukayitobi back at provincial headquarters this week.
“After the PTT was nullified by court and all its members instructed by court and the party not to convene, preside over or represent the province in any ANC activity, the day to day running of the provincial office was left to a general manager,” an insider said.
“However, staff were surprised when the former provincial secretary stormed back into office on Monday, saying the recent court outcome had given the green light to the dissolved PEC, which he led with comrade Mabuyane, to continue with its business.”
Another insider claimed Ngcukayitobi had immediately begun exercising authority.
“He really wanted to show all that the boss is back,” she said.
Mabuyane declined to comment, referring questions to Mbalula.
The ANC did not respond directly to questions about Ngcukayitobi’s return.
However, acting national spokesperson Nonceba Mhlauli said the party was still studying the judgment with its legal advisers and maintained that it did not revive the PEC.
“The circular issued by the secretary-general on June 18, expressly states that no person appointed to the provincial task team may convene, preside over or represent the province in any activity of the movement, pending the further processes contemplated in the judgment and the consideration thereof by the ANC leadership,” Mhlauli said.
“It must be further stated, the judgment does not reinstate the constitutionally lapsed provincial executive committee.”
She said the court judgment and the province’s leadership crisis had received the urgent attention of the ANC’s national officials and national working committee, with further decisions to be communicated through organisational channels.
Daily Dispatch