The South Gauteng High Court in Johannesburg struck off the roll African National Congress (ANC) MP Boy Mamabolo’s urgent application on Tuesday.
Mamabolo had taken the ANC to court in a bid to challenge the party’s decision to remove him from the 2024 parliamentary list.
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,” said Mamabolo.
Mamabolo says that he has been nominated by more than 110 branches as a potential MP ahead of the national election next month.
He says he was number five in the provincial to national list after the party had held its extended Provincial Executive Committee (PEC) meeting on 8 December 2023 to finalise the Limpopo list, but his name was moved from the fifth position in the provincial to the national list down to the 25th.
Mamabolo’s attorney Fundile Sangoni argued that his removal from the list to Parliament was unlawful. 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,” said Sangoni
The ANC says Mamabolo has failed to submit documents to confirm he has a matric certificate.
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,” said Sikwari