Abantu Batho Congress founder Philani Mavundla has breathed a sigh of relief after the Electoral Court dismissed an application by another faction to remove him as the party leader. | Willem Phungula
Durban — The embattled former eThekwini deputy mayor, Philani Mavundla, is walking tall after the Electoral Court dismissed an application with costs to remove him as the leader of the party he founded, Abantu Batho Congress (ABC).
Mavundla has been embroiled in a legal battle with a faction led by Bhungu Gwala over the leadership of the party. Both leaders have fired each other from the party. In a judgment delivered by the Electoral Court on Tuesday in Bloemfontein, it dismissed Gwala’s faction’s application with costs, accusing it of being economical with truth.
The court said the evidence presented by the applicant was sketchy and difficult to grasp.
“I must indicate from the onset that the evidence presented before this court is sketchy and difficult to grasp. No attempts whatsoever were made to assist this court to have a full picture of the entire events including several ongoing disputes between the parties that are pending before other forums. What is apparent is that the applicant is jumping from one court to another with the same issue,” read the judgment.
The court argued that the applicant did not disclose that the same matter was pending in the Pietermaritzburg High Court.
In a statement issued by Mavundla and his national executive committee welcoming the judgment, it said the judgment was a victory against rogue elements intent on destroying the party.
“The ABC’s national executive committee welcomes the Electoral Court judgment handed down in Bloemfontein today (Tuesday), against rogue elements whose sole intentions are to mislead ABC members and destroy the party led by founding president PG Mavundla. The Electoral Court dismissed with costs the application which it termed frivolous and vexatious. The court asserted that all facts considered, the application cannot be regarded as bona fide litigation,” read the statement.
Mavundla and the NEC assured ABC members and constituencies the ABC remains committed to serving the condemned and underserved people of this country and “will not be deterred by rogue formations that hold no brief from the people”.
Gwala’s faction went to the Electoral Court after the Independent Electoral Commission of South Africa (IEC) had refused its request to amend the party’s records and reflect Gwala as the newly elected president of the party after he was elected in a conference that the faction held last year.
The IEC refused, saying it would not get involved in the internal party battles.
Speaking to the Daily News on Wednesday, Gwala said he would meet his executive and decide the way forward. WhatsApp your views on this story at
WhatsApp your views on this story at 071 485 7995
Daily News