The African National Congress (ANC) plans to challenge a Supreme Court of Appeal (SCA) order compelling the party to pay R150-million to a KwaZulu-Natal branding company for 2019 election material. 

ANC spokesperson Mahlengi Bhengu-Motsiri said on Tuesday the party studied the SCA judgment.

The party believes the SCA did not consider its application fully and that the Constitutional Court might come to a different conclusion. 

"The ANC will appeal the decision of the Supreme Court of Appeal in the Ezulweni matter in the Constitutional Court. Having studied the judgment, the ANC is of the view that [the] SCA did not consider new evidence which has emerged from a forensic report, which reveals crucial evidence that makes it plain that there was no authorisation for the transactions in question and certain implicated people misrepresented their positions and authority," Bhengu-Motsiri said. 

On Monday, Ezulweni Investment acted on the SCA ruling and was awarded a writ order which allows the company to send a sheriff to the ANC and assess its assets for auction so that it can recoup the funds.

News24 spoke to the attorney representing Ezulweni Investments, Shafique Sarlie of Sarlie and Associates, who said the sheriff would be given free rein to assess what to attach.

"The amount now is far higher than that, at R147-million. Historically, we had attached three accounts, and I don't think there was much.

"Whatever the sheriff finds, he commands enough to satisfy the judge, and if it is not enough at a judicial sale, we will weigh our options and decide whether we proceed with liquidation proceedings against the ANC," Sarlie said.

While the ANC believes it has a constitutional matter on its hands, Ezulweni does not agree with the party's argument. Sarlie said the Constitution was clear and he predicted that the ANC would fail at the apex court.

"The rules of Constitutional Court say there must be constitutional matter that is brought. There is not semblance of constitutional matter in this case. They cannot make a constitutional point at this stage," Sarlie said.

The new evidence mentioned by Bhengu-Motsiri was heavily criticised in the SCA judgment as having not assisted the ANC's case.

Ezulweni showed in text messages between its executive, Renash Ramdas, and two ANC officials that an agreement to supply goods had been reached.

"The ANC's version is not capable of belief in the face of the cascade of communications from Ramdas that were met with deafening silence from the ANC.

"The only credible response of an entity in the position of the ANC, if its version was true, would have been to immediately set the record straight so as to prevent Ezulweni from proceeding at risk," the SCA said.