The Gauteng High Court in Johannesburg has struck off the roll the urgent application by African National Congress (ANC) MP Boy Mamabolo to have the ruling party’s decision to remove him from the 2024 candidate list reviewed. Mamabolo took the ANC to court over the removal of his name from the candidate list.
He argues that he has been nominated by more than 110 branches as a potential MP ahead of the national election next month. The ANC says Mamabolo has failed to submit documents to confirm he has a matric certificate.
Member of Parliament Mamabolo’s attorney Fundile Sangoni says his removal from the list to Parliament was unlawful. Mamabolo had hoped to challenge the ANC’s decision to adjust his position in the party’s 2024 candidate list, seeking reinstatement to his original ranking. Sangoni says an unknown person within the ANC has changed the order of the candidate list.
” We’ve explained that in all the affidavits that have been put up that in essence the ANC or somebody, an unknown person or body within the ANC has changed the order of the ANC’s list and removed Mr Mamabolo’s name through processes and for reasons that violate the ANC’s own electoral rules. Now that violation we submit has material prejudicial effects against Mr Mamabolo, which needs urgent intervention from the court.”
The ANC’s legal representative Advocate Sydwell Sikwari argued on the legitimacy of Mamabolo’s academic credentials including failing to produce a matric certificate.
“Until they see the certificate, their position is that he does not have matric certificate and the qualification from the University of Johannesburg. They even cast a doubt as to how could he become a legal adviser or complete that qualification. It’s only five courses and with a transcript of the results showing that he did fail some courses and does not show that he later passed those courses.”
However, Mambolo’s lawyer says there is no requirement in terms of the rules that explains that the matric certificate should be attached.
” There are other bases on which you can qualify and, or have the capacity, experience, education, or expertise that will enable them to make a constructive contribution in the relevant legislature or executive. The effect of that is that yes, we prefer you to have a post matric or any of these other things that will enable you to.”
Judge Phanuel Mudau struck the matter off the roll citing lack of urgency.
“I’ve considered the matter, I’m not persuaded, I’m afraid to enrol this matter as an urgent one, and for that reason, this matter stands to be struck off the roll with costs. It is so ordered.”
Mamabolo says he is awaiting a new court date before the elections.
” I welcome the court judgment that the matter is not urgent. We just wanted to expose individuals who tampered with the list because no one can tamper with the will of the branches of the ANC. On election campaign, yes, we are going to campaign for the ANC, I love the organisation.”
Mamabolo’s reaction:
The final candidate list will be published tomorrow.
