Disgruntled supporters of Senzo Mchunu, who was defeated for the position of ANC secretary-general by Ace Magashule on Monday, want the South Gauteng High Court to order a recount and, if necessary, a revote of the party's leadership contest.
They were on Wednesday attempting to resolve the matter internally within the ANC, and will ask their legal representatives, advocates Dali Mpofu and Tembeka Ngcukaitobi, to urgently seek relief from the court in Johannesburg, sources with direct knowledge of the situation say. They have been briefed by two separate groups.
This follows an apparent decision by the party's steering committee to award some of the "missing" 68 votes to Mchunu and declare others invalid. It makes no difference to the election outcome, and the ANC has not officially commented on the situation.
The disgruntled ANC delegates were seemingly advised that they needed first to exhaust all available internal options to resolve the situation, because the courts would be reluctant to intervene in the internal machinations of a voluntary organisation like the ANC.
It is unclear exactly which avenues the members followed, although it is believed they will attempt to table the matter at the party's last plenary session.
According to sources, the unhappy members are determined to force the issue. If it is not cleared up, they will attempt to go to court before the conference dissolves –– because once the conference has been dissolved, their application will have difficulty succeeding.
Earlier, Supra Mahumapelo, North West premier and an active campaigner for the Nkosazana Dlamini-Zuma slate, said the issue had been resolved after a marathon meeting of the conference's steering committee.
He told the media he was happy with the solution, and that it would be communicated to the plenary meeting later in the day. David Mahlobo, another Dlamini-Zuma election agent, said the decision about the 68 votes needed to be respected.
The conference is scheduled to conclude today.