By Lehlohonolo Lehana.
@GalloImages.
The African National Congress (ANC) member of Parliament Boy Mamabolo urgent application in the Johannesburg High Court has been struck off the roll.
Mamabolo was seeking an order for the reviewing and setting aside of the ANC decision to remove him from its 2024 candidate list.
He said that by removing his name, the party infringed on his constitutional right to participate in public office.
He argued in court papers: I respectfully submit that the ANC’s further conduct regarding my name constituted an unlawful manipulation of the candidate list, which resulted in my effective removal from the list. I persist in my request that this court set aside the ANC’s decision for its unlawfulness.”
He said it was unclear when the ANC alleged that he ought to have raised an objection, since he only found out about his removal a day before.
“Even then, I was not furnished with any reasons for my removal, and I thus could not possibly appeal or object without the reasons for my removal. When I made the objection, the ANC ought to have provided its reasons in order for me to be in a position to engage with it further on the unlawfulness of its decision. It elected to not engage with me, hence, my approach to this court, “he said.
The ANC has filed papers to oppose Mamabolo’s application. Mamabolo however believes the party has erred in removing his name.
In his replying affidavit, the ANC provincial list committee chairperson in Limpopo, Kgoshi Thobejane, denied that the party removed Mamabolo’s name from the list.
Thobejane stated that Mamabolo’s name was reshuffled from position number five to position number 22 following the interviews and vetting processes.
He also denied that Mamabolo was nominated by 240 branches, adding that Mamabolo mentioned in his CV that he had matriculated at Mohlakaneng High School in 2002, but failed to submit supporting documents of his candidature. Defending the party for reshuffling his name, the ANC said only the first three names in the aforesaid list were those of the 10% which could not be touched.
However Judge Phanuel Mudau was not persuaded that the matter is urgent. Mamabolo has not indicated what his next step will be.
In 2021, the ANC was ordered by the South Gauteng High Court to pay its Limpopo MPL Ponani Makhubele R1 million for failing to include her in its list ahead of the 2019 general elections.
During a media briefing last month, ANC Secretary-General, Fikile Mbalula, said members on the list have been through rigorous party processes.
“The ANC is not held at ransom by its members. The ANC is following due process which affects every individual who has rights. There is nothing that is fudged or put under the carpet, and not being addressed by the National Executive Committee.”