Nyhontso reinstated as PAC's sole MP after urgent court application

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The President of the Pan Africanist Congress of Azania, Mzwanele Nyhontso.
The President of the Pan Africanist Congress of Azania, Mzwanele Nyhontso.
Jacques Stander/Gallo Images via Getty Images
  • Mzwanele Nyhontso will be reinstated as the PAC's sole Member of Parliament.
  • This after a faction of the party brought an urgent application in the Western Cape High Court.
  • Different factions of the PAC dispute who the party's leader is.

Mzwanele Nyhontso will be reinstated as the PAC's sole Member of Parliament, by order of the Western Cape High Court.

Speaker of the National Assembly Thandi Modise had recently informed Nyhontso that he was no longer the PAC's MP, after she received a notice from the party claiming that he was no longer a member of the party.

"Section 47 [of the Constitution] states that a person loses membership of the National Assembly if that person ceases to be a Member of the party that nominated that person as a member of the Assembly," according to a statement from Parliament.

However, it is disputed who is in charge of the party, against the backdrop of factional, internal strife.

Application

On Thursday, one faction of the party launched an urgent application against the other in the Western Cape High Court, asking the court to declare the decision to remove Nyhontso invalid.

"The Speaker had filed a Notice to Abide by the court’s decision in respect of the relief sought by the Applicants. This is in line with the Speaker's long-standing assertion that the legal status of the two factions within the PAC is a matter she neither has powers to adjudicate nor discretion on," said Parliament's spokesperson Moloto Mothapo in a statement.

Mothapo said the court ordered that the application be postponed for hearing to Monday, 15 February 2021, and that Nyhontso be reinstated in the interim.

"The Speaker will implement the order of the Court."

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