The Independent Electoral Commission (IEC)recently sent a letter to the Azania Resident Party general secretary, Phillip Mahlangu, stating that he was expelled by his party as a member and secretary.
According to the letter, the IEC has a copy of the minutes of the party’s monthly general meeting and other supporting documents, dated December 17, 2021, and signed by the registered party leader, Mtshelwa John Mahlangu, indicating that Phillip Mahlangu has been expelled by the party and replaced by Thabiso Khoza as the new general secretary.
The letter which the newspaper possessed also notifies Phillip Mahlangu (the expelled secretary) that the IEC records reflect Mtshelwa John Mahlangu as the ARP leader.
The IEC only recognises and implements changes in respect of the party structure if they emanate from the leader of the party, stated the letter.
John Mahlangu, ARP president, who was removed by force at the council meeting as a proportional representation councillor for ARP said the party welcomes the decision by the IEC.
“This is something that we’ve been crying for and if our expelled secretary is not satisfied with our decision, he can approach the electoral court or any court in the country.
“The ARP top six structure decided to remove Smanga Nkosi as our proportional councillor in Govan Mbeki Municipality.
“Our top six then wrote a letter to the acting municipal manager, Lizzy Tshabalala, and the IEC office in Govan Mbeki Municipality to notify them of our decision.
“We are waiting for the response,” said John Mahlangu.
He was booted from the council meeting held on Thursday, January 6, by the municipality’s speaker, Fikile Magagamela, who read an email stating that the ARP was removing him. He was described as the former party president and he was replaced by Smanga Nkosi.
Chaos erupted then when the speaker told John Mahlangu to leave the meeting and said both her office and he have the email from the Independent Electoral Commission that says he is being replaced.
John Mahlangu and the speaker argued about this and he then told Magagamela that the party suspended their general secretary and wrote about this to the IEC, but the speaker said John Mahlangu had to leave.
Mahlangu said the council cannot take decisions on behalf of his party.
At the time, he accused the speaker, the acting municipal manager and the mayor, Nhlakanipho Zuma, of sowing division within his party.
The speaker called law enforcers to remove Mahlangu from the council chamber.
Phillip Mahlangu, the expelled party general secretary, last week confirmed that he received the letter from the IEC and the matter is in the hands of his lawyers and he will not comment further.
The IEC said it has followed the correspondence sent to them on February 15 and it is evident that the leadership of the Azania Resident Party is in dispute.
The IEC has no direct interest in the matter and will thus not involve itself with the merits or otherwise of the dispute.
Regarding the dispute, The IEC is unable to execute its mandate; except where a competent court directs otherwise.
“In any legal proceedings involving intra-party disputes, the Electoral Commission can only be a respondent by these defined roles.
“It is not for the Electoral Commission to adjudicate on the dispute within the party. Instead, the parties in dispute have the right to approach the Electoral Court in terms of Section 20 of the Electoral Commission Act 1996 (Act 51 of 1996); the Electoral Commission will accept an order from a competent court clarifying the legitimate leadership of the party as well as who is the duly authorised person in respect of the party, and whether the decisions that were taken by certain factions in the party are legitimate.”
Consequently, the Commission urged both parties to resolve this matter urgently to ensure that the Commission can discharge its statutory mandate.
