PAC MP loses party’s only seat
SPEAKER: IT’S NOT HER DECISION, BUT THE LAW
Many legal battles over leadership leads to uncertainty on his standing.
The Speaker of the National Assembly (NA), Thandi Modise, has suspended the membership of the Pan Africanist Congress (PAC)’s sole member of parliament (MP).
The PAC had only one seat in the NA filled by Mzwanele Nyhontso. However, the party has been embroiled in legal battles over its leadership, leading to uncertainty over his standing.
“Disputes of this nature have plagued the PAC, as noted in 2016 by the High Court in Pretoria, in Pan Africanist Congress of Azania v Independent Electoral Commission of South Africa and another [PAC and another intervening],” said Modise in a statement, quoting Judge J Makgoka as having said the application was one of many before the court and the High Court in Johannesburg.
The judge, she said, noted: “None of those applications have succeeded in determining, once and for all, who the legitimate leaders of the PAC are.”
Modise said she received a letter from Phillip Dhlamini, representing the PAC, informing her of the removal of the latest matter from the Supreme Court of Appeal roll by agreement.
“Attached to the correspondence were directions from the court that urged the parties to seek an agreement on the way forward and to settle their differences other than through the pending appeal process... Included in these decisions was the termination of Mr Nyhontso’s membership to the PAC,” Modise said.
“Based on the legal advice received, the Speaker wrote to Mr Nyhontso to inform him that he has lost his membership of the NA, in terms of section 47[ 3][c] of the Constitution of the Republic of South Africa, 1996, with immediate effect.”
Noting statements by PAC members questioning her fairness and integrity, she said the loss of membership to the NA “is not a decision taken by the Speaker. It occurs by operation of law...”
“The Speaker trusts that the PAC will provide certainty on the candidate that must represent the party in the NA.”