The South Gauteng High Court in Johannesburg has dismissed the ANC’s appeal to overturn the previous court order to pay its debt to Ezulweni Investments for services rendered in connection with its 2019 election campaign.
A judgment handed down on Wednesday by a full bench of three judges confirmed a previous court ruling that the money must be paid.
In a written judgment, Judge Leicester Adams said the issue in the appeal was whether the high court was correct in rejecting the ANC’s defence to the claims based on the fact, as stated by the ANC, that the contract for the rendering of the services and the supply of material was invalid because of non-compliance with the requirements of the internal supply chain policy of the ANC.
“Put another way, the issue which requires adjudication in this appeal is simply whether there was in place a valid oral agreement between the ANC and Ezulweni in terms of and pursuant to which the ANC, during the period in the run-up to and during the 2019 national election, purchased from Ezulweni, which agreed to sell and supply to the ANC PVC banners, to be installed and later removed by them,” wrote Adams on behalf of judges Motsamai Makume and Mpostoli Twala.
Ezulweni brought an application in the Gauteng Division of the High Court, Johannesburg, in which it sought judgment against the ANC for payment of R100m and R2.4m, with interest on these amounts and costs of the suit.
The sums were claimed by Ezulweni allegedly for services rendered and material supplied at the special instance and request of the ANC during 2019.
The court dismissed the ANC’s appeal against the order of the previous court with costs, including the costs of the application for leave to appeal to the high court and the application for leave to appeal to the Supreme Court of Appeal, as well as the costs for two counsel, one a senior counsel.