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High court sets aside Moloto’s decision to suspend party constitution and structures

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The North Gauteng High Court has set aside Moloto’s motion to suspend the party constitution and appoint an administrator due to internal conflicts and factions.

The Pan Africanist Congress (PAC) continues to face long ongoing power struggles which have been in existence for the past couple of decades. The party, formed by charismatic Robert Mangaliso Sobukwe, is likely to have two national conferences with two groupings at odds with each other. The court had earlier ruled that the party should have one conference, no later than August 2019, but that seems to be impossible for the two warring factions.

The other faction, led by Narius Moloto, will be going to its conference in Polokwane on Thursday, 22 August 2019, while Apa Pooe’s faction is going to Bloemfontein for its conference. Apa Pooe’s faction won the case on Friday, 12 July 2019, and they have the upper hand as they control the party finances and parliamentary work, amongst other responsibilities.

It was the North Gauteng High Court that instructed the PAC to unite and work together for the sake of the 2019 general elections Part of the court order was to go to party elections no later than August and it was further said that Narius Moloto would lead the PAC during elections, while Apa Pooe was named the Secretary-General.

Narius Moloto suspended the constitution of the party and appointed an administrator. He cited the need for effecting clause 14 (2) of the party’s constitution, which speaks to dissolving all structures, suspending the constitution and giving power to appoint an administrator.

Apa Pooe and Mzwanele Nyhontso, who is the sole representative of the PAC in the 400 seat National Assembly (NA), took the matter to the same court which “united” them, to seek relief.

The North Gauteng High Court ruled that there was no need for a “state of emergency” by the president, setting aside Moloto’s decision on Friday, 12 July 2019.

Narius Moloto said that he was not aware that he had lost a case, stating that  he would be appealing the judgment. The defiant Moloto charged that he had noticed the judge’s direction from the beginning of the case, hence he was not puzzled even when his faction lost the case. We are in possession of a letter from Moloto’s faction stating that the court ruling was going to be challenged on the same afternoon of the judgement day.

“This time we are ready for him. We have not received any papers from anyone and, as things stand, we are the leadership of the PAC as the illegal move by Moloto to suspend the constitution was set aside by the court,” said Apa Pooe.

Kenneth Mokgatlhe
[email protected]


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