A Cape High Court matter about Independent Democrats deputy leader Themba Sono’s cessation of party membership because of failure to pay a R10 membership fee was on Friday postponed to next Wednesday.
Judge Dennis Davis ruled that argument will be heard for final determination on Sono’s seat in the Gauteng legislature after the ID on Friday appeared to oppose an interim order staying the termination of membership of Sono.
Sono’s advocate, Roy Gordon, said his client wants an interim order granted next Wednesday pending a review of Sono’s termination from the party, paving the way for him to defect to another party.
In accordance with a prior high court interim order, Sono cannot cross the floor until Wednesday and the ID cannot fill his position in the legislature.
Advocate Paul Tredoux, appearing for the ID, said besides Sono automatically losing his seat in the party for failing to pay the R10, Sono also ceased to be a member of the party after allegedly admitting to the media to starting another political party in contravention of the ID’s constitution.
Complicating the court proceedings was an internal party disciplinary hearing against Sono, chaired by advocate Mandla Zulu, which will be looking at two separate charges.
The one relates to a non-payment of R2 000 a month to the ID, and the other charge to criticising the party leadership in a newspaper report.
Davis, who at times sat with his head in his hands, likened the case to complex litigation involving another ID dissident, Lennit Max, and his attempts to use the court to secure his ID membership before the floor-crossing period.
”It’s a completely bizarre situation in terms of the law.”
Davis said he wants to bring some regulation in terms of the process without prejudicing either Sono or the ID.
The proceedings were earlier delayed on Friday when certain court papers were not available.
”Today’s [Friday’s] matter relates to his membership coming to an end when he failed to pay his membership fees,” said the ID’s Cecil Burgess, a member of the party’s legal team.
Burgess said the internal disciplinary hearing, scheduled to be heard on Friday, has been postponed to September 15 in Johannesburg.
Friday’s court proceedings against Sono follow a gruelling legal battle with ID dissident Max.
Max last week won an order from Davis barring the ID from filling his Western Cape legislature seat until an internal party appeal against his expulsion had been heard.
Davis granted a second order preventing the ID from hearing Max’s appeal before the defection window commenced.
More ID woes in Northern Cape
Meanwhile, one of two members of the ID in the Northern Cape legislature has crossed to the African National Congress.
He is Ebrahim Suleiman, a former headmaster at Danielskuil’s Kuilsville High School. He was elected to the legislature in the April election last year.
He was welcomed to the ANC by its provincial leader, John Block, and members of the ANC caucus in Kimberley on Friday.
Suleiman’s brother, Mohamed, is an ANC member of the National Council of Provinces in Cape Town.
Suleiman said that he left the ID because it was ”very autocratic” and power was vested in the leader, Patricia de Lille.
”You can’t operate a political party like that,” he said on Friday.
Suleiman said that he crossed together with the two members of the New National Party in the legislature — provincial NNP leader PW Saaiman and Charl de Beer.
The ANC caucus in the legislature has now grown from 21 seats to 24 in the 30-seat legislature. The Democratic Alliance is the official opposition with three seats, the ID now has one seat and the African Christian Democratic Party and Freedom Front Plus have one seat each.
Suleiman said he will formally tell De Lille on Monday in a letter that he has crossed. — Sapa, I-Net Bridge