ANC denies owing Eltel R36m over 2019 election campaign

The ANC denies owing businessman Asif Casoojee’s company Eltel millions of rands.

It says the claim has been prescribed and the company is using the wrong legal process to recover the money.

In an answering affidavit filed at the High Court in Johannesburg, the party is asking the court to strike the application from the roll for lack of urgency, or dismiss it with costs.

The matter, in which Casoojee is seeking to compel the ANC to pay for services allegedly provided during the party’s 2019 election campaigns, was scheduled to be heard on Tuesday.

However, the ANC requested a postponement in a letter late at night and the hearing was rescheduled for tomorrow.

Eltel seeks R36.45 million for election campaign services

The dispute relates to digital marketing, communications services and technical support Eltel provided for the ANC’s election campaigns.

Court papers indicate the original debt was R24 million, with the amount increasing through interest and legal costs.

Eltel is seeking R36.45 million, in addition to interest and legal costs, while the broader claim has been reported at approximately R40 million.

The company has also asked the court to direct the Electoral Commission of South Africa (IEC) to withhold the ANC’s public funding and transfer the money to Eltel’s attorneys.

ANC challenges urgency of Eltel’s legal action

ANC general manager Patrick Flusk said Eltel had known about the alleged debt for years, but had failed to pursue it via appropriate legal channels.

He said the company threatened legal action in 2020 and later indicated that proceedings had commenced in April 2025.

Eltel also launched a winding-up application against the ANC this year, before withdrawing it in July.

Flusk asked why the company was seeking urgent relief shortly before the November 4 local government elections, arguing it had not adequately explained the delay.

He added the ANC received the court papers just days before the hearing, leaving it four court days to prepare a response to a claim involving millions of rands.

Party disputes attempt to recover debt from public funding

The affidavit also challenges Eltel’s attempt to recover the money from the party’s public funding.

Flusk cited Section 6A(1) of the Political Party Funding Act, saying money held in the statutory funds cannot be attached by creditors.

He said compelling the IEC to withhold the party’s allocations and transfer them to Eltel would amount to an unlawful attachment.

The ANC also disputes the amount claimed, saying Eltel’s figures have changed over time and its calculations include interest and legal costs that were not clearly agreed upon.

ANC says claim has prescribed and disputes Mashatile document

The affidavit acknowledges the ANC paid Eltel R1 million on March 16, 2022. But the party disputes Eltel’s assertion a document signed by then treasurer-general Paul Mashatile on the same date constituted an unconditional promise to pay the outstanding debt.

Flusk said the document was an acknowledgment of indebtedness rather than a promissory note.

The ANC added the claim was subject to a three-year prescription period and had been prescribed by October 1 last year, at the latest.

The party denies that subsequent engagements between Eltel and its representatives amounted to an acknowledgment of liability capable of interrupting prescription and disputes whether legal proceedings were served before the prescription period expired.

It said disagreements over the amount owed, interest calculations and the legal effect of the 2022 document cannot properly be resolved through motion proceedings.

ANC objects to supplementary affidavit and seeks costs

The affidavit also objects to a supplementary affidavit allegedly filed by Eltel without the court’s permission and not served on the ANC.

Flusk said the document contained irrelevant and scandalous allegations, including accusations of theft and dishonesty.

The party is asking the court to strike out the disputed passages if the supplementary affidavit is admitted.

It is also seeking costs on an attorney-and-client scale, including the costs of two counsel.