The Gauteng High Court in Johannesburg has quashed an urgent application by African National Congress (ANC) MP Boy Mamabolo to reconsider the ruling party's decision to exclude him from the 2024 candidate list. Mr Mamabolo has sued the ANC over the removal of his name from his candidate list.
He claims to have been nominated as a parliamentary candidate by more than 110 branches ahead of next month's national election. The ANC said Mamabolo failed to provide documents confirming that he had a Matrix certificate.
The Mamabolo MP's lawyer, Fundile Sangoni, argued that his removal from the parliamentary list was illegal. Mr Mamabolo wanted to challenge the ANC's decision to adjust his position on the party's 2024 candidate list and seek reinstatement to his former ranking. Mr Sangoni said unidentified individuals within the ANC had changed the order of the candidate list.
We believe that in all the affidavits filed, essentially the ANC or someone, an unknown person or entity within the ANC, changed the order of the ANC's list and by process and reason changed the name of Mr. Mamabolo. I explained that it was deleted. Violating the ANC's own electoral rules. The violations we have now submitted pose a serious prejudice to Mr. Mamabolo and require urgent court intervention. ”
Sidwell Sikwari, the ANC's legal representative, argued for the legitimacy of Mamabolo's failure to submit educational certificates.
“Until they see the certificate, their position is that he does not have a University of Johannesburg graduate certificate or qualification. Even raised doubts. Only 5 courses and his transcript shows he failed some courses and does not show he later passed those courses. .”
However, Mamboro's lawyer said there was no requirement in the regulations to explain that a matrix certificate had to be attached.
There are other bases from which you can gain the qualifications, abilities, experience, education and expertise that will enable you to make a constructive contribution to the relevant legislative and executive bodies. As a result, yes, we would like to have a post matrix or something else that allows that. ”
Judge Fanuel Mudau ruled out the case due to lack of urgency.
“I have considered this matter and have not been persuaded. It is unfortunate to register this matter as a matter of urgency. As such, this matter will be excluded from costs.” That's so ordered. I am. ”
Mamabolo said she is awaiting a new court date before the election.
“We welcome the court's ruling that the matter is not urgent. We just wanted to expose the individuals who tampered with the list because no one can tamper with the will of an ANC branch. As for the campaign, yes. We are going to campaign for the ANC, I love the organization.”
Mamaboro's reaction:
The final list of candidates will be announced tomorrow.