Ousted PAC President, Narius Moloto, says the North Gauteng High Court judgment that Mzwanele Nyhontso is the party’s lawful leader, was flawed.
Moloto has approached the Supreme Court of Appeal in Bloemfontein in a bid to overturn the decision on the basis that there was a lack of legal standing in the matter.
The leadership battle of the Pan Africanist Congress of Azania is heading to the Supreme Court of Appeal (SCA). Moloto says the North Gauteng High Court’s decision to declare his election as president and that of his national executive committee in a separate elective conference, unlawful, invalid and it is far-fetched.
In papers before the SCA, Moloto indicated that PAC members failed to exhaust all internal avenues Iefore approaching the court. The high court overturned Moloto’s decision to dissolve party structures in June 2019.
He unilaterally issued a decree to dissolve the national, provincial and regional executive committees. He relied on a clause in the PAC’s constitution which states that the president has “emergency” powers to suspend the entire constitution of the PAC.
Moloto maintains that he had the required powers to take the decision as he was the president.
Legal Analyst Machini Motloung says, “now what this SCA ought to do, is to look at these salient issues and make a determination of whether the respondents, and in this instance the respondents is only the PAC. The current president of the PAC Mr Nyontsho has not been cited, so it would appear that the application before the SCA, is more about whether or not the PAC having been represented by its current president Mr Nyontsho was legitimately represented.”
Meanwhile, the PAC which is the respondent in the matter maintains that it had all the powers vested in it to take decisions and hold the party’s conference.