PEC must halt Khoza case: lawyer

Cape Times - - NEWS - Bongani Hans

EM­BAT­TLED MP Makhosi Khoza’s lawyer has warned the ANC in KwaZulu-Na­tal to sus­pend the dis­ci­plinary hear­ing against his client sched­uled to take place in Dur­ban on Sun­day, de­scrib­ing it as a fu­tile ex­er­cise.

Ad­vo­cate Smanga Sethene was adamant yes­ter­day that the hear­ing not go ahead de­spite the pro­vin­cial ex­ec­u­tive com­mit­tee’s in­sis­tence it would con­tinue dis­ci­plin­ing Khoza de­spite the Pi­eter­mar­itzburg High Court rul­ing early this week that the body had been elected un­law­fully.

The pro­vin­cial dis­ci­plinary com­mit­tee com­prises of chair­per­son No­magugu Sime­lane-Zulu, ANC Women’s League pro­vin­cial deputy chair­per­son Ravi Pil­lay, the MEC of Hu­man Set­tle­ments and Pub­lic Works, and Makhosini Nkosi, mayor of New­cas­tle Mu­nic­i­pal­ity, who all have le­gal back­grounds.

The rul­ing, de­liv­ered on Tues­day by Judge Jerome Mn­guni on be­half of Judge Piet Koen, de­clared the party had breached its con­sti­tu­tion by hold­ing a Pi­eter­mar­itzburg ANC pro­vin­cial con­fer­ence in 2015 in­stead of 2016.

How­ever, the PEC. in de­fi­ance of the na­tional ex­ec­u­tive com­mit­tee (NEC) de­ci­sion, an­nounced it planned to launch an ap­peal.

Party pro­vin­cial spokesman Mdu­miseni Ntuli had said the PEC would still con­tinue pros­e­cut­ing Khoza be­cause the “court nul­li­fied the con­fer­ence but the PEC can only be dis­solved by the NEC and not by the court”.

Sethene dis­agreed, say­ing the PEC should abide by the court rul­ing and cease mak­ing fur­ther de­ci­sions.

There ap­pears to be con­fu­sion around whether the PEC can con­tinue in the wake of this week’s judg­ment. Ntuli said although the com­mit­tee is part of the PEC struc­ture, it op­er­ates in­de­pen­dently, and there­fore would con­tinue with the hear­ing as sched­uled.

Sethene, who is a card-car­ry­ing mem­ber of the ANC, had planned to meet Khoza yes­ter­day evening to take in­struc­tion on whether to at­tend the hear­ings. The dis­ci­plinary com­mit­tee could con­tinue with the hear­ing, and pass a ver­dict against Khoza in ab­sen­tia.

“It would be a fu­tile ex­er­cise be­cause the ap­peal com­mit­tee of the ANC would ef­fec­tively set that de­ci­sion aside be­cause there would be an is­sue of the au­thor­ity.”

He said he was of a view that the PEC sus­pend its op­er­a­tions un­til it clears its le­git­i­macy is­sue “be­cause one of the charges Khoza faces is that she in­sulted the cur­rent lead­er­ship, now dis­solved, by hav­ing said it comes clean in court so that they can be re­garded as le­git­i­mate”.

Khoza protested against hav­ing to ap­pear be­fore the com­mit­tee in KZN be­cause of threats made to her life.

The PEC can only be dis­solved by the NEC and not by the court

Newspapers in English

Newspapers from South Africa

© PressReader. All rights reserved.