Parliament, Thursday, 3 December 2020 - The Western Cape High Court has today ordered that Mr Mzwanele Nyhontso be reinstated 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.
This follows an urgent application launched today 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. 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.
The Court today ordered that the application be postponed for hearing to Monday, 15 February 2021, and that Mr Nyhontso be reinstated in the interim. The Speaker will implement the order of the Court.
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