Johannesburg – Eltel Founder Asif Casoojee is taking legal action to recover a R40 million debt from the African National Congress (ANC.
The matter is scheduled to be heard at the South Gauteng High Court on Tuesday, 27 October.
This debt pertains to services rendered to the ANC during the 2019 Local and Provincial Elections.
Eltel delivered comprehensive digital marketing, communications, and technical support services for election campaign operations.
“The services were rendered in full and in good faith. The debt has been repeatedly and fully acknowledged by the ANC. To have to resort to court to enforce payment is unfortunate,” Casoojee says in court papers.
The papers indicate that the initial debt of R24 million has accrued an additional R13 million in interest and R2.9 million in legal fees, contractually agreed to by the ANC.
Casoojee stated that during his consultations with Deputy President and former ANC Treasurer General Paul Mashatile, the debt was formally acknowledged.
“However, Mr. Mashatile indicated that current financial constraints and the pending disbursement of public funding from the Independent Electoral Commission are delaying the fulfillment of these obligations,” Casoojee said.
“These sentiments were expressed repeatedly over many years.
“Unfortunately, and quite disturbingly, the indications made by such a trusted and senior official proved to be nothing but a fallacy.”
The ANC is named as the first respondent, followed by the IEC and Mashatile, in his capacity as the former Treasurer General.
Casoojee is petitioning the court to mandate that the IEC divert funds allocated to the ANC toward the settlement of this debt.
“The ANC occupies a unique and important position in South Africa’s constitutional democracy,” Casoojee notes in his application, adding that working with and for the party can be considered a privilege.
“To then have service rendered unpaid for, by a party that seeks to instruct government departments to pay creditors on time is unexemplary and borders on hypocritical.”
In 2020, Mashatile signed a series of acknowledgments of debt alongside ANC officials, including CFO Bongani Mahlalela.
By 2022, the ANC provided further commitments to settle the outstanding obligations, citing fiscal constraints, including payroll arrears and a reliance on disbursements from the IEC.
Casoojee stated that attempts to engage third parties to resolve the matter have proven largely ineffective.
“I am sad that we have unfortunately reached this point. My company does not have the capacity to absorb debt of this magnitude for so many years. It’s quite straightforward,” lamented Casoojee.
“An honest businessman trusted the ruling party, provided an exemplary service, and expected to receive what was due to him.
“On the other hand, the ANC simply does not care.”
Casoojee stated that the ANC “as we knew it is no longer the ANC of today”.
He said honesty and Accountability are qualities furthest from the party’s foundation.
“I want the public to be made aware, and desist from providing any service to the party,” Casoojee said.
“I say without fear or prejudice that such an impugned level of conducting business poses a danger to the public.
“The ANC needs to meet its obligations, and the public expects Mr. Mashatile to act in a manner which is honest and transparent. Pay what is due to me,”
Casoojee said he remains confident in a judicial resolution, yet he maintains that the ANC should fulfill its financial obligations promptly to avoid further delays.
