Former Pan Africanist Congress (PAC) leader Motsoko Pheko is an opportunist who wants his dismissal from the party postponed forever, the Cape High Court heard on Monday.
Opposing Pheko’s court bid to stop the PAC replacing him as an MP after he was expelled from the party in June, PAC legal representative advocate Thami Ncoagwane said Pheko had been making contradictory requests to various courts since his expulsion.
”He is simply blowing hot and cold,” he told the court.
Shortly after his dismissal for allegedly failing to account for party funds, Pheko had approached the Johannesburg High Court, seeking to have his expulsion overturned.
At the time, he told the court he did not want to use the party’s internal processes to challenge his dismissal because he did not have confidence in its disciplinary hearing committee.
The Johannesburg High Court dismissed Pheko’s application, and he appealed.
However, on Monday his legal representative, advocate Johan De Waal, told the Cape High Court his client now wanted to exercise his right to use the PAC’s internal processes.
”He is not an opportunist, he is just taking his chances,” he said.
Pheko had apparently wanted the PAC disciplinary hearing on the missing funds to be held behind closed doors.
Judge Dennis Davis said he could only speculate as to why Pheko had wanted to account for the money in private.
”Maybe he did not want to embarrass the party in public,” he said.
Ncoagwane told the court that Pheko had clearly waved his right to use the party’s internal remedies, and therefore it was opportunistic for him to suddenly want to reverse his decision.
He said allowing Pheko to remain an MP while the matter was under appeal could result in the party’s former leader crossing the floor in September before the case was concluded.
The court will deliver judgement on Thursday.
In a statement later on Monday, Pheko said he had never been allowed to present his side of the story to the PAC’s national executive committee.
He added that he wanted to repeat ”floor-crossing is undemocratic and that I an unconditionally opposed to it”. — Sapa