Mosa men face disciplinary hearing
TWO high-ranking Kwa-Zulu-Natal politicians who allegedly brought their new party into disrepute are to face a disciplinary hearing.
Minorities of South Africa (Mosa) president Ramachundra Govender, and the party’s Kwa-Zulu-Natal leader, Narendh Ganesh, are in hot water after a spat over who was the rightful holder of Mosa’s sole council seat in the e-Thekwini Municipality.
Govender had wanted Ganesh to represent Mosa instead of party founder Shunmugam Ramsamy ‘Roy’ Moodley.
The Durban High Court has since declared that Moodley is the party’s duly nominated and elected representative to serve in the council.
The court described Govender’s conduct as “autocratic”.
“In short he acted as a law to himself without the authority of the party, more especially its NEC (national executive committee),” said Acting Judge Yoga Moodley.
“I find it shocking that at this stage of our democracy that any single member of a political party can proclaim to be the sole custodian of the party.
“He arrogated to himself the power to single-handedly do as he wished. Govender’s conduct in unilaterally and arbitrarily substituting Ganesh’s name instead of Moodley’s name was unlawful…”
Said Roy Moodley after the ruling: “Justice has prevailed. Ganesh and Govender brought the party into disrepute. They will have to face a disciplinary hearing.”
In August, Judge Shyam Gyanda granted an interim order in favour of Moodley.
This was made final last week by Judge Moodley, who ordered Govender and Ganesh to pay the legal costs. The judge said Ganesh’s “thinly veiled allegations that Mosa’s national executive committee (NEC) was not a properly constituted body” must be considered with scepticism.
“This is so because the second respondent (Ganesh) served on the NEC without demur. The applicants (Mosa and Moodley) put up extensive documentation which showed that Moodley was the preferred number one candidate. The respondents had not sufficient evidence to refute this fact.”
The judge said the same criticism must be levelled against Govender and Ganesh for attempting to raise faults or loopholes in Mosa’s constitution.
“In this regard, it must be borne in mind that with a full recognition that the constitution had certain pitfalls, the respondents proceeded with the launch of Mosa and thereafter participated in the municipal elections.
“It does not auger well for them to ex post facto [retrospectively] level criticism against the constitution.’’
Judge Moodley said that the names were submitted to the Independent Electoral Commission (IEC) on June 2.
“There was no objection until the outcome of the elections in August. Moreover, after the election result for Mosa became known, Govender telephoned Moodley and congratulated him on his success. This allegation by Moodley was unchallenged.”