Khoza hear­ing ‘a fu­tile ex­er­cise’

Pretoria News - - 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 should no go ahead, de­spite the pro­vin­cial ex­ec­u­tive com­mit­tee’s in­sis­tence that it would con­tinue dis­ci­plin­ing Khoza notwith­stand­ing the Pi­eter­mar­itzburg High Court rul­ing that the body had been elected un­law­fully.

The pro­vin­cial dis­ci­plinary com­mit­tee com­prises 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, was in favour of four sup­port­ers aligned to for­mer premier and party pro­vin­cial chair­per­son Senzo Mchunu’s sup­port­ers.

The rul­ing declared that the party had breached its con­sti­tu­tion by hold­ing a Pi­eter­mar­itzburg ANC pro­vin­cial con­fer­ence in 2015 in­stead of 2016.

How­ever, on Wed­nes­day the pro­vin­cial ex­ec­u­tive com­mit­tee (PEC), in de­fi­ance of the na­tional ex­ec­u­tive com­mit­tee (NEC) de­ci­sion, an­nounced that it planned to launch an ap­peal against the court rul­ing.

ANC sec­re­tary-gen­eral Gwede Man­tashe had said only the NEC (and not pro­vin­cial struc­tures) had a right to de­cide whether to ap­peal or not.

It is un­der­stood that the PEC was ex­pected to meet the NEC to­day to dis­cuss the ap­peal.

Party pro­vin­cial spokesper­son 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 with busi­ness as usual in the wake of this week’s judg­ment.

Ntuli said al­though the com­mit­tee is part of the PEC struc­ture, it op­er­ates in­de­pen­dently, and there­fore it would con­tinue with the Khoza hear­ing.

Sethene, who is a card-car­ry­ing mem­ber of the ANC, had planned to meet Khoza last night to take in­struc­tion on whether to at­tend the hear­ings.

The dis­ci­plinary com­mit­tee could still con­tinue with the hear­ing, and could pass a ver­dict against Khoza in her ab­sence.

“It would be a fu­tile ex­er­cise (to con­tinue with the hear­ings) be­cause the ap­peal com­mit­tee of the ANC would ef­fec­tively set that de­ci­sion aside as there would an is­sue of the author­ity,” he said.

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

“This is one of the key charges,” he said.

Khoza had protested against hav­ing to ap­pear be­fore the com­mit­tee in KwaZulu-Natal be­cause of threats made to her life, and as a re­sult, Sethene ar­rived at the hear­ing with­out her on Sun­day.

Sethene said his client did not at­tend be­cause of “re­newed threats” to her life.

“Oth­er­wise she is pre­pared to ap­pear be­fore the fo­rum con­sti­tuted in terms of the ANC con­sti­tu­tion,” he said.

He said the ANC con­sti­tu­tion pro­vided for a hear­ing to take place in another con­fer­ence, should those ex­pected to ap­pear feel that their lives were at risk.

“Al­ter­na­tively it should be heard by the na­tional dis­ci­plinary com­mit­tee, but I think peo­ple are ap­pre­hen­sive be­cause the chair­per­son of that com­mit­tee is Derek Hanekom, and he has ex­pressed sim­i­lar sen­ti­ments to Khoza,” he said.

Newspapers in English

Newspapers from South Africa

© PressReader. All rights reserved.