The six appellants, ANC members from four regions in the Free State province, challenged the validity of the ANC's Free State Provincial Conference held 21-24 June 2012 and the election of its 25-member Provincial Executive Committee (PEC). They alleged numerous irregularities in branch meetings that elected delegates to the conference, including: meetings held without quorums; exclusion of members in good standing; manipulation of membership numbers; parallel structures; failure to conduct proper membership audits as required by ANC guidelines; and failure to allow branches to query audit findings. The provincial secretary, Mr Sibongile Besani, wrote multiple letters to the Secretary-General before the conference cataloguing irregularities. The Free State High Court dismissed the application on procedural grounds without hearing the merits, finding defects in service, improper notice publication, failure to cite all affected parties, prematurity, and failure to exhaust internal remedies. The appellants sought direct leave to appeal to the Constitutional Court, which was urgent as the ANC's national elective conference was scheduled for mid-December 2012.