Durban - Nine suspended leaders of the NFP have won the first round in the leadership squabble over control of the party.
This comes after Durban High Court Judge Graham Lopes this week granted them an order for relief until the finalisation of a review application or an appeal according to the party’s constitution.
The leaders, including chairman Maliyakhe Shelembe and secretary general Nhlanhla Khubisa, were suspended by a faction led by some members of the national working committee (NWC).
They lodged urgent court papers against the NFP, its national working committee and NWC member Mziwamandla Mzobe.
Advocate Ruan van Rooyen argued that these suspensions were “unlawful and unfounded” and felt the status quo should be restored. He said the national executive committee had the power to suspend members and not the NWC.
“The (NFP) is essentially left rudderless through the unlawful actions of (Mzobe) and the NWC, which is convened by him. The conduct of the (NWC and Mzobe) is reckless and highly prejudicial to the good governance of the party,” read Shelembe’s affidavit.
The first eight applicants were suspended from May 20 for three months.
After receiving these notices of suspension they immediately met and decided to instruct their attorney, Strauss Daly Attorneys, to launch an application to protect their interests.
Shelembe said the NWC meeting was held on May 2 and was attended by an unknown number of members at an undisclosed venue where a decision was taken to issue letters of intended suspension over allegations of misconduct.
The letter read similarly to each applicant and said the NWC felt “it would be detrimental” to the party’s interests if they were to remain in active office before the matter is finalised. The NWC alleged the applicants had intimidated and threatened members of this committee.
Shelembe said discipline was the responsibility of the party’s executive committees and that the NWC was not an executive committee.
On May 19, they all received letters of suspension and had 24 hours from receipt of this letter to vacate their offices.
Kekana had submitted reasons why he should not be suspended and Mzobe apparently told him a team had been tasked to evaluate his submissions.
Contacted for comment, Mzobe said he was unaware of the court case because he had not been served with summons.
“Our lawyers will act against it. It ought to be opposed,” Mzobe said.
His sentiments were echoed by Wiseman Mcoyi, another NWC member aligned to Mzobe.
He said the court ruling was not a setback in their effort to boot out the “suspended” members. “It gives us a better arena,” he said.
Earlier on Thursday, Mcoyi presided at a media briefing where he insisted the leaders who sought relief in court were still suspended and would face a disciplinary hearing.
He also announced their plans to approach the court after the group did not adhere to terms of their suspension.
Mcoyi defended the NWC’s decision to suspend the leaders.
“The NEC can make recommendations to the NWC, but it cannot take decisions,” he said.
Daily News