Durban — The Abantu Batho Congress’s future appears to be hanging in the balance amid the ongoing power struggle between founder Philani Mavundla and the faction led by national chairperson Bhungu Gwala.
The Mavundla faction’s attempt to oust a provincial leader, Xolani Memela, who was at the forefront of the move to depose him as the party’s president, failed on Friday when the Pietermaritzburg High Court blocked its attempt to take disciplinary action against him.
The court set aside the disciplinary proceedings and also confirmed the suspension of the party’s secretary-general, Phumelele Phahla, who was among the respondents in the matter.
Phahla’s suspension also meant that Mavundla himself remained suspended as they were suspended at the same time, according to Memela.
He had gone to court after Mavundla’s faction had notified him to appear before the disciplinary committee last week.
Phahla and Mavundla’s suspensions raise questions about their positions as councillors in Umvoti Local Municipality, as the new interim national executive committee under Bhungu Gwala and Memela contemplates removing them as councillors.
Mavundla is currently a mayor while Phahla is a councillor.
Speaking to the Daily News on Monday, Memela who is also the interim provincial chairperson, said the court’s decision to block Mavundla from dismissing him was in line with his argument that the disciplinary committee that had wanted to prosecute him was illegal since it was appointed by the suspended Mavundla and Phahla.
The order, which the paper has seen, stated that the decision of the respondents to institute disciplinary processes against the applicant was reviewed, declared invalid and set aside.
The respondents, who were members of the disciplinary committee, were Thando Mbili, Lindokuhle Zondi and Phahla. The court also ordered the parties to present their arguments on December 9 as to why the order should not be made final.
“We are happy with the decision. For us, it’'s an indication that we are going to win Mavundla’s dismissal case. We are also happy that the court also reminded Phahla that she was still suspended. This for us was paving the way for the interim national executive committee to do its job as the only legitimate structure,” said Memela.
Mavundla and Phahla were first suspended and Mavundla was subsequently fired after he failed to appear before the disciplinary committee set up by Gwala, as the chairperson, after Memela lodged a complaint.
Mavundla went to court and his dismissal was temporarily set aside, but according to the Memela faction, the suspension was not affected and remained in place. Memela said the NEC would discuss Phahla’s and Mavundla’s suspensions.
Speaking on behalf of the party, Phahla said she and Mavundla were still legitimate leaders of the party and questioned the court’s decision that said she was on suspension. She said the party planned to appeal against the order. Phahla said she was confused by the decision since the court had declared the disciplinary committee that suspended them illegal.
She said the party did not recognise the interim structure led by Gwala, saying Gwala had been removed as eThekwini councillor because he was fired after he failed to attend a disciplinary hearing. But Memela said the interim leadership was engaging the Electoral Commission of South Africa to reverse Gwala’s removal. Mavundla’s faction has replaced Gwala with Sizwe Phahla.
According to Memela, Mavundla’s charges stemmed from his unilateral decision to disband all party structures and alleged mismanagement of party funds.
Political analyst Professor Bheki Mngomezulu said Mavundla must start looking for other options because his future as the leader of the ABC was bleak. He said his blunder was to move back to Umvoti. This created a vacuum that paved the way for people within the party to try to replace him.
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