The Cape High Court on Friday afternoon set aside the Independent Democrats’ expulsion from the party of its deputy leader Themba Sono, paving the way for him to cross the floor to another party.
Judge Dennis Davis ruled that Sono’s Gauteng legislature seat is not vacant, after the ID terminated his membership in August on the basis that Sono had not paid a R10 membership subscription fee.
The ID also claimed that Sono ceased to be a member of the ID when he joined another political party.
Davis said the court had to decide two matters — whether Sono had paid his membership fees and whether he had joined a rival political party.
On the first question, Davis said there was no affidavit or any other supporting evidence to back up the ”bold allegation” by ID leader Patricia de Lille that Sono had not paid.
Davis said this assertion of non-payment, on the back of an internal party investigation, could not even be supported by the ID’s records, because none apparently existed.
He said a membership card handed over to Sono, apparently by De Lille herself, was also taken into consideration during his deliberations.
According to the ID’s constitution, this membership card could not have been handed over if the R10 subscription fee had not been settled.
Davis concluded that on the basis of available evidence, Sono was, in fact, a paid-up member of the party.
On the matter of Sono joining another party, Davis said this rested on two pieces of evidence — one a newspaper report and another an affidavit by Donovan Cloete, which stated that Sono was part of the formation of the Alliance for Free Democrats (AFD), a new political party.
In distinction from this affidavit was one from AFD leader Brian Power, who denied that Sono was a member of the AFD or had anything to do with its formation.
Davis said while he could appreciate the ID’s fear of the ”spectre of floor-crossing” and the party’s wish to do all it could to retain its seats, this did not warrant a ”cavalier disregard” for fairness.
Davis ordered that Sono’s termination of membership from the party be set aside, that his Gauteng seat is not vacant and that the ID pay costs.
At court, ID MP and member of the legal team Cecil Burgess said he will advise the ID not to take the matter further.
”We can’t take it any further … say goodbye to the Professor [Sono].”
Burgess said the party wishes Sono well in his future endeavours, where he, at his new political home, would hopefully make a ”contribution to the political environment of South Africa”. — Sapa