The Cape High Court on Wednesday overturned a decision by the United Democratic Movement to expel seven of its members, including deputy leader Malizole Diko.
Judge Dennis Davis ruled that the decision of the party’s national executive committee had been ”unlawful and invalid”.
The ruling paves the way for two MPs and five MPLs to cross the floor before the floor-crossing period ends at midnight on Thursday evening.
The MPs are Diko and Nomakhaya Mdaka, while the MPLs are Tyrone Liberty, Western Cape provincial chairperson Zolile Siswana, Limpopo provincial secretary Ike Kekana, Eastern Cape provincial secretary Mabandla Gogo and National Women’s League secretary general Kofie Ncedane.
In court on Wednesday, Davis said there had been much debate about whether the principles of administrative law were applicable, given that there were averments that political parties were no more than voluntary organisations.
Citing prior court rulings on what constituted administrative action, Davis said the principles of natural justice were applicable when considering the UDM’s decision to terminate the membership of the seven members on August 31.
He said it was clear that a party in the UDM’s position was ”obliged to have recourse to principles of natural justice” when formulating disciplinary procedures.
Davis said the question of audi alteram partem (the right of fair reply) arose and whether the UDM’s procedures were ”congruent” with the principles of natural justice.
Davis said the UDM had only faxed a draft notice of the national executive committee’s decision to discipline the members, without formal notification.
This fax was sent to members after the close of business on August 30, hampering the applicants from resorting to a ”coherent” response, especially because the disciplinary hearing had been postponed to August 31.
Davis ordered that the UDM’s decision to expel the applicants be set aside, and interdicted the party from swearing in other members.
The UDM was also ordered to pay costs.
The judge’s decision was greeted with cries of ”Amandla” in the court, and Diko said the applicants were happy with the court’s decision.
”It showed that there is no one above the law,” he said.
Diko said the applicants would be consulting with supporters before making a public announcement later on Wednesday about the seven’s future — either starting a new party or crossing the floor.
Meanwhile, the UDM has indicated it will be appealing the judgement, to be heard later on Wednesday as well. — Sapa