Cape High Court judges worked overtime on Wednesday to deal with a barrage of legal action ahead of the midnight opening of the political floor-crossing window.
In last-minute moves to forestall defections, the United Democratic Movement on Wednesday expelled six MPs and MPLs from the party, and the Independent Democrats gave the boot to its deputy leader and Gauteng MPL Themba Sono.
However, both the UDM group and Sono on Wednesday night applied for, and were granted, court orders that — for the moment — prevent their parties from installing anyone else in their legislature seats.
Media reports also said the Inkatha Freedom Party fired KwaZulu-Natal MPL Jabulani Maphalala before the floor-crossing window opened.
The flurry of litigation provoked a complaint from high court Judge Dennis Davis that the floor-crossing cases placed the courts in an ”impossible position”.
”These are important constitutional questions that take other courts six months, and I’ve got three minutes,” he remarked wryly before giving one extempore judgement.
”It’s absolutely ridiculous that the courts have to be put under this sort of intolerable pressure,” Davis added.
The UDM announced earlier in the day that it had expelled the six, who include deputy leader Malizole Diko, with immediate effect.
They were suspected of planning to cross the floor to another party, taking two National Assembly and four provincial legislature seats with them.
However, with less than five hours to go before the midnight floor-crossing window opened, they were granted an interdict by Davis after an application heard in chambers.
The temporary interdict prevents the speakers of the national and provincial legislatures from swearing in anybody in their places until the matter is argued in court on September 8.
Contest of expulsion
Davis also made an order by agreement between the UDM and the six that a review application contesting their expulsion will be argued on the same date.
Until then, their expulsion stands.
The six are Diko, his fellow MP Nomakhaya Mdaka, Western Cape MPL and provincial chairperson Zolile Siswana, Limpopo MPL and provincial secretary Ike Kekana, Eastern Cape MPL and provincial secretary Mabandla Gogo, and Gauteng MPL and National Women’s League secretary general Kofie Ncedane.
On Tuesday, Cape High Court Judge Basheer Waglay reversed suspensions imposed on the six on August 5, saying the party had not followed its own constitution.
Announcing their expulsion on Wednesday, UDM leader Bantu Holomisa said they had been acting in clear contravention of the letter and spirit of the UDM constitution, making ”unwarranted and deceitful” comments in the media.
”The only conclusion that the UDM can draw from these members’ consistent dishonesty and disloyalty is that they are pursuing a campaign to destabilise our party.”
The UDM national executive council had therefore resolved on Wednesday to expel the six with immediate effect, Holomisa said.
ID court battles
Also on Wednesday night, Davis’s colleague Judge Ben Griesel granted an application to prevent the Gauteng speaker from swearing in anyone in Sono’s place.
This matter will come back to court on September 2. It has also been widely rumoured that Sono, who is facing party disciplinary charges, was planning to defect.
Earlier on Wednesday, Davis granted two applications by dissident ID member Lennit Max, who was expelled from the party last week after a protracted disciplinary hearing.
It is widely believed Max intends to take his Western Cape legislature seat over to the Democratic Alliance.
In a gruelling day-long session, his legal team on Wednesday morning won an order from Davis barring the ID from filling his seat until his internal appeal against his expulsion has been heard.
On Wednesday afternoon, Davis granted a second order effectively preventing the ID from hearing Max’s appeal before the defection window opened.
The appeal was to have been heard at 2pm on Wednesday by two members of the party’s national executive — who Davis said would not constitute an impartial tribunal.
He ruled that the party should set up an appeal tribunal that did not include national executive council members, all of whom were involved in last week’s expulsion decision.
He also said the appeal could go ahead only when a neurologist declared Max, who suffers from Guillain-Barré syndrome, mentally fit to pursue the appeal.
He granted the ID leave to take the first ruling to the Supreme Court of Appeal, but ordered that it would remain in force pending the outcome of the appeal process.
If Max does cross to the DA, it means the ID will also lose a seat in the National Council of Provinces, where some seats are allocated on the basis of representation in provincial legislatures.
The ID said in reaction to the judgements that it is disappointed with the ”protracted process” it has been forced to go through and will definitely pursue the appeal.
”We feel our party constitution and code of conduct has been given a back seat in terms of us being able to discipline our members with the rules they agreed to on joining the party,” it said.
”We have not yet finished with this and unfortunately this will need to go on.”
IFP fires MPL
Hours before the floor-crossing window opened, the IFP fired KwaZulu-Natal MPL Jabulani Maphalala, the Witness website reported on Thursday.
It said Maphalala, formerly professor of history at the University of Zululand, was one of the leading organisers for the IFP in KwaZulu-Natal in last year’s election.
IFP secretary general Musa Zondi said on Wednesday afternoon he could not comment on the dismissal.
Maphalala’s dismissal came after allegations he was going to defect to the newly formed National Democratic Convention.
The party was formed by former IFP chairperson Ziba Jiyane last month.
Maphalala could not be traced for comment.
Jiyane said on Wednesday night he is hopeful his party will have representation in KwaZulu-Natal and at national level.
According to the Witness, morale is low in the IFP as many have MPs hinted that they will defect if enough of their colleagues also do so. — Sapa