The Pan Africanist Congress (PAC) cannot replace its dismissed former president Motsoko Pheko until the outcome of the party’s internal appeal process, the Cape High Court ruled on Thursday.
Delivering judgement, Judge Dennis Davis said there was no evidence that Pheko had waived his right to appeal.
”The applicant might have been opportunistic, but that on its own does not amount to a waiver,” he said.
Pheko was dismissed by the party in his absence in June on allegations that he had failed to account for party’s funds.
Shortly afterwards he approached the Johannesburg High Court seeking to overturn his dismissal.
At the time he told the Johannesburg court that he did not want to exhaust the party’s internal appeal processes because he was of the view that the national disciplinary committee was improperly constituted.
Following Pheko’s failed court bid to get his dismissal overturned, the PAC immediately wrote to National Assembly speaker Baleka Mbete, informing her about its intention to replace its former leader as an MP.
However, Pheko mounted another legal challenge to prevent the party from replacing him — this time at the Cape High Court. He said the PAC should give him an opportunity to exhaust the party’s internal remedies before replacing him.
Arguing for the dismissal of Pheko’s court application on Monday, PAC legal representative Thami Ncoagwane told the Cape High Court that the former president of the party had waved his right to appeal against his June 20 dismissal.
”He told the Johannesburg High Court that he does not recognise the party’s national disciplinary committee as well as the national executive council because both structures were improperly constituted,” he said.
However, Judge Davis said Pheko was simply highlighting his personal circumstances and that it would be incorrect to interpret his concerns as a waiver of his right to appeal.
Pheko has been a member of the PAC since 1960. — Sapa