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The president of the National Assembly (NA), Thandi Modise, has suspended the membership of the only Member of Parliament (MP) of the Pan Africanist Congress of Azania (PAC).
The PAC had a seat in NA after the last national elections, which had been held by Mzwanele Nyhontso.
However, the party has been embroiled in a legal battle over its leadership, creating uncertainty about Nyhontso’s position.
“Disputes of this nature have plagued the PAC, as noted in 2016 by the Gauteng Division of the High Court, Pretoria, in the Pan Africanist Congress of Azania against the Independent Electoral Commission of South Africa and another (Pan Africanist Congress of Azania and another intervener), where Makgoka J stated: “This application is one of many that have occupied this court and our local division in Johannesburg. At the heart of the litigation is the power struggle that has engulfed the PAC for many years. None of those apps has been able to determine once and for all who the legitimate leaders of the PAC are. This application is no different, ”Modise said in a statement Saturday.
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The Spokesperson explained that she received a letter from Phillip Dhlamini, on behalf of the PAC, dated November 2, 2020, informing her of the removal of the last issue from the SCA record of November 3, 2020 by agreement.
“Attached to the correspondence were instructions from the Court urging the Parties to seek an agreement on the way forward and resolve their differences other than through the pending appeal process. The Court also reported that the decisions made by the PAC leaders elected in Congress on August 24, 2019 in Tompi Seleka in Limpopo province and their consequences can only be overturned by a new application to the court. These decisions included the termination of Mr. Nyhontso’s membership in the PAC, ”explained Modise.
Based on the legal advice received, the Speaker wrote to Mr. Nyhontso to inform him that he had lost his membership in NA, in terms of section 47 (3) (c) of the Constitution of the Republic of South Africa, 1996, with immediate effect. “
She added, “It is important to note that the loss of NA membership, in terms of this provision, is not a“ decision ”made by the Speaker. It happens by application of the law. The Spokesperson simply informs the member of their loss of NA membership once the definitive and certain loss of party membership is confirmed. “
Modise highlighted statements shared by PAC members that questioned his impartiality and integrity.
“The President has a duty to act in a fair and impartial manner to ensure that the rights of all parties, including minority parties, are protected,” he said.
“The Spokesperson trusts that the PAC will resolve its internal affairs and give certainty about who is the candidate who should represent the party in NA,” he concluded.
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