Free State ANC: SCA failed to apply its mind, confused facts

Cape Town - THE ANC in the Free State is heading to the Constitutional Court to challenge last month's Supreme Court of Appeal's ruling declaring the governing party's 2018 provincial conference unlawful and unconstitutional.

In papers filed at the Constitutional Court on Monday, Mashinini accused the SCA of not applying its mind to the matter, confusing facts, improperly attributing conduct to counsel on wrong facts, confusing who said what at what stage of the proceedings and who represented who and who did not participate

”Semenya never participated in arguments and was excused from participating because no relief was sought against his client … These repeated factual errors in the SCA judgment are demonstrative of the SCA’s failure to apply its mind to the matter and thus unable to apply the correct law to the correct facts,” Mashinini stated.

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