2017-08-27 21:36:29 UTC
From: Gcobani Katiya <***@gmail.com>
Date: 27 August 2017 at 11:06
Subject: COURT RULING - CLARIFICATION AGAINST MOLOTO'S PERPETUITY OF
To: ***@parliament.gov.za, Sbusiso Xaba <***@gmail.com>,
Xolile Ngculu <***@yahoo.com>, Eddie Mfulwane <***@gmail.com>,
***@sacwu.org.za, Mike Trompies <***@gmail.com>, Fikiswa
Ntshwanti <***@gmail.com>, Mbulelo Raymond <***@gmail.com>,
"Maqhekeni, Joseph (JM)" <***@sasol.com>
Fellow africanist. We feel it is necessary to clear the
deliberate perpertuity of confussion that is made by Moloto.
First, Moloto lost his case with costs to be paid in person.
In person refers to Moloto who has made the urgent application to court.
Even though in his papers he sited the PAC as an
applicant, the court could easily identify him as the cause of action.
The leadership of the PAC made application to intervene to the
proceedings and was granted. The reason for the leadership having to
consider joining is based on the fact that the name of the PAC had to be
defended. So it is correct to say that the leadership had to defend the
PAC. Moloto's case was challenged both on merit of the evidence he
produced in court and on law that governs parliamentary processes and
funds. He failed absimally to prove to court that
he is an accounting officer and or a leader of a party to sign a
declaratory order for parliament to release constituency allowances.
Parliament based its defense on common law of ESTOPEL, the Public finance
management act(PFMA) and on parliamentary rules for constituency
allowances. PAC leadership based its argument on
the basis of letters that it wrote to parliament informing them about the
suspension of Moloto. These letters included the letter from Deputy
president and a letter from Secretary for legal affairs.
The position now as it stands is that Moloto is ESTOPED from continuing
accessing constituency allowances as he is not a party accounting officer
and or a leader. We will see if he can succeed in changelling the law.
Izwe lethu. G.H. Katiya.
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