Dated: 30 December 2019.
Litigation Between the Pan Africanist Congress of Azania (PAC) and Narius Moloto &/or his grouping stem from the Mavundla judgment (settlement as popularly known) passed down on 8th March 2019, and in terms of which the NEC elected in December 2018, in Kimberly would be combined with that elected in Mpumalanga in 2017. And thus forming what became known as the combined NEC.
Further, and in terms of the Mavundla Judgment, the combined NEC was to facilitate for a Congress to be held on or before the 31st August 2019, where one leadership of the PAC would be elected. Indeed the combined NEC met on 18 May 2019, and decided to hold Congress in Bloemfontein from 29th to 31 August 2019. Important to note is that Mr Naruis Moloto chaired the said meeting as then President of the PAC.
Shortly after the combined NEC meeting, Narius Moloto unilaterally evoked section 14 (b) of the PAC disciplinary code and sort to run the party by decree or in solitude. This invocation was then challenged on the basis that it did not meet all the constitutional prescripts and requirements, and politically was done in order to frustrate the holding of the Congress already resolved on in the meeting of the 18th May 2019.Indeed this application by the PAC succeeded before Judge Miller, whom passed judgment on the 12th of July 2019.
Mr Narius Moloto was then suspended on 20th July 2019, for bringing the organisation into disrepute among other reasons, after having been invited to the NEC meeting wherein he would have been given an opportunity to present his grievances, which resulted in the illegal and unconstitutional invocation of clause 14.2 of the PAC disciplinary code.
Then Moloto sort leave to appeal the 12 July 2019 judgment on 22nd July 2019, while already suspended on 20th July 2019 by the PAC and the said application for leave to appeal was heard on the 23rd August 2019, and leave to appeal granted. On the same date of the 23rd August 2019, the Honourable Judge Miller granted the PAC an order making the order of 12th July 2019, immediately executable.
On the 23rd September 2019, our attorneys received a notice of appeal to the Supreme Court of Appeal, which sought to appeal the Judgment of Miller handed down on the 12thJuly 2019. In terms of the Supreme Court of Appeal Rules, a party seeking to appeal to that court has a month from date of judgment or order granting them leave to appeal to file a notice of appeal with the Registrar of the court.
On the 22 October 2019, Moloto’s attorneys through an email sent to the Secretary General made it clear that there was never a notice of appeal filed with the registrar of the court (SCA), meaning he has to bring an application for condonation of the late service and filing of his notice which is contrary to their belief that it was served timeously (as per his attorneys email).
The PAC later learned that Mr Moloto was under the impression that he had filled a notice of appeal against the operation of Judge Millar Judgement on the 23rd August 2019 in the North Gauteng High Court, which meant the Judgement is suspended.
That presupposition is wrong on two grounds, firstly it lacks any legal basis as it ignores section 18(2) which reads as follows; subject to subjection (3), unless the court under exceptional circumstances order otherwise, the operation and execution of the decision that is an interlocutory order not having the final effect of a final judgement, which is the subject of an application for leave to appeal or of an appeal, is not suspended pending the decision of the application or appeal.
Secondly the purported section 18(4) appeal is irregular and erroneous in that leave to appeal had been granted to the Supreme Court, therefore the next high court in terms of 18(4)(ii) is the Supreme Court of Appeals, it is not the full bench of the lower division, North Gauteng, as purportedly filled by the third respondent on the 23 August 2019. Section 16(1)(b) state as follows “an appeal against any decision of a Division on appeal to it, lies to the Supreme Court of Appeal upon special leave having been granted by the Supreme Court of Appeal;”
In conclusion appeal of Moloto to the Supreme Court of Appeal in Bloemfontein was finally filled on 01 November 2019 while the operation of Justice Millar Judgement of 12 July 2019 remains in force, meaning the only legitimate, legal and Constitutional Congress was held in Bloemfontein wherein Mr Mzwanele Nyhotso was elected President together with all NEC Members.
In order to clear confusion with the Electoral Commission (IEC), the PAC has approached the Electoral Court for final determination of the matter and awaits its decision, which we hope to receive in the very near future. Meanwhile the PAC continues to function and be represented in municipal councils and National Assembly. However it is not possible for PAC to participate in the electoral processes towards the next local government elections including by-elections held from time to time. Further announcement on the matter will be made before mid-January 2020.
Prepared by Publicity Department.