Johnathan Paoli
ANC MP Boy Mamabolo said he is going ahead with a court application challenging his removal from the party Parliamentary list.
In an interview with Inside Politics, Mamabolo confirmed that he is awaiting a new court date before the elections, and has not given up hope in his fight for justice.
“I welcome the court’s judgment that the matter is not urgent. We just wanted to expose individuals who tampered with the list because no one can tamper with the will of the branches of the ANC. On election campaign, yes, we are going to campaign for the ANC, I love the organisation,” Mamabolo said.
He said he wanted to expose individuals in the ANC in Limpopo who are abusing party processes.
On Tuesday, the South Gauteng High Court dismissed the urgent application by Mamabolo to have the ANC decision to remove him from the 2024 candidate list reviewed.
Judge Phanuel Mudau struck the matter off the roll citing a lack of urgency.
“I’ve considered the matter, I’m not persuaded, I’m afraid to enroll this matter as an urgent one, and for that reason, this matter stands to be struck off the roll with costs. It is so ordered,” Mudau said.
Mamabolo’s attorney Fundile Sangoni sought to interdict the ANC on Tuesday from finalising nominations and appointments in the final provincial list of candidates for the upcoming national elections and said that he has been nominated by more than 115 branches as a potential MP ahead of the elections next month.
Sangoni stated that Mamabolo’s removal from the candidate list was unlawful, and alleged that the Electoral Committee Secretary Chief Livhuwani Matsila had persuaded the MP to align with a particular faction within the party.
“We’ve explained that in all the affidavits that have been put up that in essence the ANC or somebody, an unknown person or body within the ANC has changed the order of the ANC’s list and removed Mr Mamabolo’s name through processes and for reasons that violate the ANC’s own electoral rules. Now that violation we submit has material prejudicial effects against Mr Mamabolo, which needs urgent intervention from the court,” the attorney said.
In addition, Sangoni said there is no requirement in terms of the rules that explains that the matric certificate should be attached.
“There are other bases on which you can qualify and, or have the capacity, experience, education, or expertise that will enable them to make a constructive contribution in the relevant legislature or executive. The effect of that is that yes, we prefer you to have a post matric or any of these other things that will enable you to,” Sangoni said.
However, the ANC maintained that Mamabolo’s demotion was due to non-compliance, particularly the matric certificate he failed to provide at the time, and said it raised concerns within the party which led to the decision.
The ANC’s legal representative Advocate Sydwell Sikwari argued on the legitimacy of Mamabolo’s academic credentials including failing to produce a matric certificate.
“Until they see the certificate, their position is that he does not have a matric certificate and the qualification from the University of Johannesburg. They even cast a doubt as to how he could become a legal adviser or complete that qualification. It’s only five courses and with a transcript of the results showing that he did fail some courses and does not show that he later passed those courses,” Sikwari said.
Last month, the ANC’s Secretary-general Fikile Mbalula mentioned that no member would hold the party at ransom as it followed procedures that sweep across any member, and said that members who are on the parliamentary list have undergone a rigorous vetting process.
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