Western Cape High Court has ordered the reinstatement of Mzwanele Nyhontso to the position of PAC’s representative in the National Assembly, pending a decision of the Court regarding the challenge of his recent removal by his party.
Last week, the National Assembly Speaker, Thandi Modise revoked Nyhontso membership in Parliament, arguing she acted according to the Constitution.
Thursday’s court decision follows an urgent application launched by one section of the PAC against another section’s decision to remove Mr Nyhontso, which the Speaker activated in terms of section 47(3)(c) of the Constitution.
Section 47 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.”
“The Speaker had filed a Notice to Abide by the Court’s decision in respect of the relief sought by the Applicants,” reads a statement issued by parliament, adding that “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.”
