Party ‘ownership’ row

A LEADERSHIP squabble has engulfed Minorities of South Africa (Mosa), with the president of the party, which contested the recent local government elections for the first time, allegedly claiming he was its “owner”.

With three of its leaders apparently vying for the sole seat the party managed to muster, the dispute was taken to the Durban High Court on Monday when an urgent application was heard.

As the matter is yet to be finalised, Mosa’s councillor was not among those sworn in at the Durban City Hall yesterday (Tuesday).

The matter was brought before court by the party’s national leader, Shunmugam Ramsamy “Roy” Moodley against Mosa president Ramachundra Govender and KwaZulu-Natal leader Narendh Ganesh.

The eThekwini Municipality and the Independent Electoral Commission (IEC) were cited as the co-respondents.

Judge Shyam Gyanda’s interim order in favour of Moodley effectively put the brakes on the alleged bid by Govender to be deemed the owner and custodian of the party, and his quest to have Ganesh as Mosa’s representative in the eThekwini Municipality.

Judge Gyanda said in his long law career this was the first time he had come across someone claiming to be the owner of a political party.

Soccer clubs had owners, he said, adding that a political party was not a soccer club.

Judge Gyanda ordered Govender and Ganesh to show cause why Moodley should not take his seat on the council.

Pending the final determination of this impasse, the municipality has been restrained from appointing Ganesh to its council.

In court documents, Moodley, who quit the ANC in April this year and formed Mosa with others, said he had registered with the IEC on August 15 to represent the party in the council.

However, on the same day he said he had received a letter from Govender, who claimed that he was the “owner and custodian” of the party and that he (Moodley) had been suspended, without any justification or hearing.

Further, Govender had indicated that Ganesh was to occupy the party’s seat at the council.

Moodley said in his affidavit that Govender was advised in a letter dated August 16 that he (Govender) had been suspended from the party.

“The first respondent (Govender) was invited to advance reasons why the suspension should be lifted. On August 16 the municipality received a letter from him which was dated August 15.

“In the letter he stated that as president and owner of Mosa he had terminated my membership due to fraudulent activities,” said Moodley.

“The municipality addressed a letter dated August 16 to the IEC. In it the IEC was incorrectly informed that a vacancy existed at the council because I had resigned. The municipality and the IEC have been misled by Govender.

“I did not resign from Mosa and I neither wrote or signed a letter saying so.”

Moodley said Mosa was established to contest the municipal elections, particularly in the sprawling suburb of Phoenix.

The party won 6 888 votes.

Moodley has taken issue with Ganesh’s alleged proposal that he (Ganesh) should serve the first two-and-a-half years and Moodley the remainder of the five-year council term.

“Gary (Moodley’s son and party chairman), Rashina Singh (Mosa’s national general secretary) and Bishop Mannie Roy Moonsamy (Mosa’s media liaison officer) voiced strong opposition to the proposal,” Moodley said in court papers.

“Govender, who was asked for his view, did not express a preference for or against the move.

“Govender left the meeting for a while and the proposal was not carried. When Govender returned, the proceedings became acrimonious and the meeting turned ugly.”

Moodley was represented in court by advocate Roland Suhr and attorney Craig Preston-Whyte.

Advocate Nash Deoduth is acting for Govender and Ganesh.

Govender and Ganesh were ordered to file their opposing papers by September 15.

Judge Gyanda urged the respective counsels to approach the senior civil judge for a preferential trial date once all the court papers were filed.