Durban - The Pietermaritzburg High Court on Monday confirmed an order setting aside the purported expulsion of Ntombiyenkosi Jiyane from the National Freedom Party.
In addition, the party’s provincial chairman, Vikizitha Mlotshwa, has been prevented from trying to expel Jiyane without complying with the party’s constitution.
Jiyane, the Speaker of the Mthonjaneni Municipality in Melmoth, said in court papers that on September 18 she was informed of a letter addressed to the municipal manager by Mlotshwa, saying she was expelled.
It was not in compliance with the party’s constitution when it came to provisions relating to discipline and disciplinary procedures.
She said she had previously not been informed of any misconduct allegation against her, or of any charges being laid.
The decision to expel her was not preceded by any disciplinary proceedings.
On October 6, the party’s national secretary sent a letter to all councillors who were allegedly expelled, saying the expulsions were unlawful.
Then, 13 days later, the municipal manager told her she was to be removed from the municipality’s payroll from October 17, because her party had removed her.
“The consequences will be that I will no longer be able to hold my position as councillor and Speaker of council if the position is not rectified.”
The matter was initially brought as an urgent application and interim orders, confirmed on Monday, were granted in October.
The NFP had been given until Monday to file opposing papers. Instead it filed papers saying it would appeal against the interim order, which was irregular.
Its reply would have determined if the final orders were to be granted.
There was no appearance by the NFP on Monday and the orders were made final.
Approached afterwards, Mlotshwa said he could not comment as the matter was being handled by the national executive committee.
The treasurer of the party, Xolani Ndlovu, said he would get the party spokesman to comment, but The Mercury had not received a response at the time of publishing.
The Mercury