Durban -
A “power play” is under way in the National Freedom Party in the absence of the party’s president, Zanele kaMagwaza-Msibi.
This was the argument of advocate Ruan van Rooyen who brought an urgent high court application against the party on behalf of nine members who are in the party’s “top structure” on Wednesday.
It is understood that since KaMagwaza-Msibi fell ill last year, she has not been involved in the daily operations of the party.
Earlier this month, national chairman Maliyakhe Shelembe, secretary-general Nhlanhla Khubisa, deputy national chairman Mandlenkosi Mabika, women’s league president Sindisiwe Mashinini, Joseph Ngema, KwaZulu-Natal chairman Vizitha Mlothswa, Bongowakhe Nzuza and Roy Bhengu were all suspended by the party’s national working committee.
The party’s deputy president, Alex Kekana, was also issued with a letter of intention to suspend, but he submitted reasons why he should not be suspended and the committee said a task team would look at it.
On Wednesday, Durban High Court Judge Graham Lopes granted an interim order to stay the eight members’ suspensions and interdicted the party from suspending Kekana pending a finalisation of a review application or an appeal.
The party, committee and committee representative Mzandile Mzobe were also interdicted from removing the members from their offices and preventing them from carrying out their duties.
No legal representatives were present in court for the party despite the papers being served on it.
In his affidavit, Shelembe said a committee meeting had been held on May 2 and a decision had been taken to issue notices of intention to suspend him and the other eight.
He said the letter referred to allegations of misconduct against him and accused him of intimidating other committee members and failing to hold committee meetings.
He said all the letters had similar content.
Shelembe said the national working committee did not have the authority to suspend people, and the power to suspend members rested with the party’s national executive committee in consultation with the president.
He said the actions of the national working committee had left the party rudderless.
“It is apparent that the vast majority of the party’s senior hierarchy and office bearers have been suspended at the stroke of a pen.”
Shelembe described the conduct of the committee and Mzobe as “reckless” and “highly prejudicial” to the party.
Speaking for the committee at a press briefing yesterday, Wiseman Mcoyi said the committee had been unaware of the high court application.
“It is good they took the matter to court because this is now going to an arena where we are going to deal with the matter. We will refer this Durban court ruling to our lawyers.”
He also said the committee’s decision to suspend the members had been done with KaMagwaza-Msibi’s blessing.
“We have communicating with her and she had given us a go-ahead,” he said.
The matter will be back in court on June 12 for the party to show why the orders should not be made final.
The Mercury