THE ANC’S bid not to pay a service provider has been thwarted by the South Gauteng High Court’s decision, which forced the governing party to pay the more than R100 million it owes.
The udgment, handed down electronically on Wednesday, 29 June by a full bench (three judges), confirmed a lower court ruling that the money must be paid.
The ANC had appealed the ruling, claiming the contract between itself and Ezulweni was invalid because it was signed by persons who had no signatory authority.
However, the court found that Messrs Mabaso and Nkholise, who signed on behalf of the ANC, had authority.
The court also found there was oral agreement between the two parties.
“It is for these reasons that I would nevertheless, even in the absence of direct authority of Messrs Mabaso and Nkholise to act for the ANC, find that the ANC is bound by the agreement on the basis of the doctrine of estoppel or that they had ostensible authority to do so,” said judge Leicester Adams, who penned the judgment.
The services were rendered in connection with 2019 national election campaign.
Ezulweni demanded a capital sum of R100 050 000 and R2 415 000 interest.
The ANC was ordered to pay costs.
“The general rule in matters of costs is that the successful party should be given his costs, and this rule should not be departed from, except where there are good grounds for doing so,” said Adams.
Lawyers representing Ezulweni have already written to the governing party to make payments on Thursday, 30 June.
