No end in sight to new party’s feud
HE drama and intrigue surrounding one of South Africa’s newest political parties looks set to continue even after a disciplinary tribunal last week recommended the dismissal of two of its top officials.
Minorities of South Africa (Mosa) president Ramachundra Govender and Narendh Ganesh, its KwaZulu-Natal leader, were accused of bringing their party into disrepute.
But both men, who were not present at the disciplinary hearing, have dismissed the verdict, saying they were ready to tackle any curve balls thrown their way, including another looming court battle.
Neil Goodway of Goodway & Buck Attorneys, who chaired the disciplinary hearing, pronounced that their memberships at Mosa must be revoked.
This followed a drawn-out spat over who was the rightful holder of the party’s sole council seat in eThekwini Municipality.
Govender had reportedly wanted Ganesh to represent Mosa instead of party founder Shunmugam Ramsamy “Roy” Moodley.
The high court in Durban had last year declared that Moodley was the duly nominated and elected representative to serve in council.
Acting Judge Yoga Moodley at the time said Govender’s conduct in unilaterally and arbitrarily substituting Ganesh’s name instead of Moodley’s to the Independent Electoral Commission (IEC) was unlawful.
Govender was suspended from Mosa on August 16 and Ganesh on August 29.
According to Rashina Singh, Mosa’s national general secretary, the first internal disciplinary hearing had taken place on November 2.
That hearing, she claimed, was adjourned due to the process not being followed by both men.
The second disciplinary hearing took place a month later, on December 2.
She said Govender was not present and Ganesh had allegedly called in sick.
A medical certificate, she claimed, had not yet been produced. The third hearing was on February 7 and a verdict by Goodway followed on Friday.
Both men, said Singh, were not present despite being notified.
Drama
To add to the ongoing drama, both Govender and Ganesh and nine others were issued with summonses last month.
Mosa claims that despite being suspended, Govender and Ganesh and seven of the defendants, who were members or purported members of the party, had participated in an illegal elective conference at the Phoenix Victory Centre on December 8.
At that meeting Ganesh was installed as national leader and Govender as the national chairperson.
The third defendant, Anil Singh, was installed as national secretary; Linga Marimuthu Pillay as deputy national leader; Jayraj Bachu as deputy chair; Loretta Pillay as national deputy secretary; Inderlall Balchand as national treasurer; and Sara Rama and Gobind Bharath Singh jointly as “non-portfolio members.”
All except Bachu and Inderlall, Singh said, intend defending the action.
Singh said the December 8 meeting was unlawful and that resolutions passed were not binding on Mosa. She said the dissident members, purporting to hold themselves out as members of the National Executive Committee (NEC) of the party, are interdicted from doing so.
She said the actions of the “dissidents were an attempt to overturn the judgment in which Moodley was declared the duly nominated and elected representative of the party.”
Singh added that there was no appeal against this judgment.
The eThekwini Municipality and the IEC have also been cited as defendants.
Party founder Moodley said Goodway had taken a neutral decision and he was glad the disciplinary hearing was finalised but a new chapter would start with the new court case.
He said expulsion letters would be issued this week.
Govender said he had not attended the Friday’s disciplinary hearing, adding that Goodway had “no authority” to represent the party.
He said the December 8 meeting, which was called for a month earlier by Mosa branch chairpersons, was legal.
Govender said Moodley, his son Gary, the party’s national chairperson, and Singh were notified and did not attend.
“So I cannot understand how they can call the meeting illegal.”
He said Ganesh, who was elected national leader, and the others elected formed the legitimate party.
“They were democratically elected and we met the quorum to make the proceedings valid.”
Govender told POST he had spent hundreds of thousands of rand to support the Indian community by giving them hope for representation in the local government elections last August.
“There were no gains or benefits for me. I only wanted them (Moodley) to carry out my vision… (but) Mr Moodley has used me to start the party and now they want to run it as a family thing.”
Ganesh added: “A new executive committee was elected at a properly constituted elective conference where the majority of the branches were present and the delegates adopted a new constitution of which I was elected national leader. Any suggestion that this is not a properly constituted NEC is false.”