The now-disbanded African National Congress (ANC) provincial executive committee (PEC) in the Free State is appealing a Supreme Court of Appeal (SCA) judgment that nullified the party's 2018 provincial conference.

The group has decided to take the matter to the Constitutional Court on appeal.

This is despite an instruction from the ANC's national working committee (NWC) for the matter to be resolved politically and not legally.

In court papers filed on Wednesday, provincial ANC chairperson Sam Mashinini – whose position is in limbo as a result of the SCA judgment – disputed that the 2018 provincial conference was held illegally and unlawfully.

"The SCA was wrong both on facts and law. Declaring invalid and unlawful the PEC that was lawfully elected by lawfully elected delegates at a 'lawfully convened Provincial conference' of 18 and 19 May 2018, is a direct infringement of the constitutional rights of majority members of the ANC in the Free State who complied with the ANC guidelines and constitution by electing delegates [at] the provincial conference," Mashinini said in his founding affidavit.

He said the SCA got material facts wrong in its judgment.

The matter was first struck off the roll by the High Court, but the SCA upheld the appeal with costs.

ANC members Matshepo Ramakatsa, Themba Mvandaba and Shashapa Motaung had challenged the validity of the conference, which saw Mashinini replacing Ace Magashule as provincial chairperson.

In court papers, Mashinini said the SCA's interpretation of ANC laws "do not make sense".

He, with the support of Magashule, wants the Constitutional Court to grant them leave to appeal to hear the matter, arguing that the SCA "materially misdirected itself in this matter and incorrectly overturned the judgment and orders of the High Court".

"The prospect[s] of success have been fully demonstrated and there can be no doubt that there are reasonable prospects of success in the leave to appeal and that this court should grant leave to appeal and the appeal itself," Mashinini told the apex court.

The appeal comes despite an agreement by the ANC's NWC that former president and ANC veteran Kgalema Motlanthe would lead the talks in the province to resolve matters through political, rather than legal channels.

A source close to the matter told News24 that talks were held on Monday regarding a political solution to the impasse.

The source said a decision was taken to put in place an interim leadership structure.

The appeal by Mashinini, supported by Magashule, was said to be in defiance of the process led by Motlanthe.