Stop your squabbling or your party’s over, judge tells AIC

The African Independent Congress (AIC), which has two seats in parliament and was once considered a kingmaker in several municipalities, is on its knees, with no hope of achieving its former glory until two warring factions within the party set aside their differences.

“If this is not done, the AIC will perish,” Pietermaritzburg High Court judge Rob Mossop said in a recent ruling.

“This court is simply not able to solve what is, in essence, a political conundrum ... indeed a court should be reluctant to interfere with what are essentially political issues.”

The AIC, often referred to as the “Matatiele Party”, was founded by Mandlenkosi Galo about 15 years ago.

Its main aim was to secure the reincorporation of the Eastern Cape town into KwaZuluNatal.

But there were running skirmishes over the years between Galo and deputy president Lulama Ntshayisa, who died last year from natural causes.

This created two factions which both launched court applications last year after the party’s bank, FNB, placed a hold on its five accounts.

Mossop said in his recent judgment that FNB’s actions had been prompted by uncertainty as to whether the “Galo faction” or the “Ntshayisa faction” were the true representatives of the party.

“The AIC has been financially crippled ... and this occasioned great hardship, especially for salaried employees,” he said.

This, Mossop said, was evidenced when he had been personally contacted on at least three occasions by affected people.

“I have consistently declined to engage ... and have indicated to them that they were required to formally join the applications if their views are to be taken into consideration.”

Before him was an application by the Galo faction, purportedly representing those who served on the national executive committee (NEC) for an order directing FNB to lift the restraints on the bank accounts.

The faction also wanted an order declaring a general meeting organised by the opposing faction in October as unlawful, and an order preventing the opposing faction from using the letterhead and stationery of the AIC or interfering with the party’s business.

The Ntshayisa faction wanted an order that it had been lawfully appointed as a “second interim structure” of the party and was entitled to take it over.

It also wanted control over the bank accounts and sought an order that the Galo faction relinquish control of the party to it.

Mossop said argument in the two applications had almost been finalised when, on July 23 last year, the court was told that Ntshayisa had died.

“It was a reasonable possibility that this might bring an end to the dispute. Regrettably this was not the case,” he said.

He said, in essence, he had to decide which of the two factions was the true representative of the AIC.

He said the AIC had convened its first national congress in 2012 and an NEC had been voted in for five years.

At the time of an attempt to convene a second congress, in 2017, the term of office of the existing NEC had already expired.

The second congress collapsed and an attempt was made to hold it again in April 2018.

However, Ntshayisa challenged the results in legal proceedings and won his case.

Since then, Mossop said, the AIC had lacked a validly constituted NEC.

“It appears that neither on their own can, or will of their own accord, be able to convene a constitutionally valid meeting with a view to obtaining a mandate to revive the fortunes of the AIC and elect a new NEC.

“Neither faction represents the party.

“They each represent their own self-interest and convene meetings to further their own needs,” he said.