AFTER vowing to approach the EFF’s national appeals tribunal to reverse his expulsion from the party, recently ousted EFF councillor Simanga Mkhumbeni has also not ruled out seeking relief from a court of law.
Mkhumbeni, who was suspended alongside five other Mogale City councillors for “voting with the ANC” on a municipal budget vote, said he would exhaust all internal processes before plotting his next move.
“We are going to exhaust all internal processes and then we’ll take it from there,” he said. Mkhumbeni’s comments came in the wake of the EFF announcement that he and Nhlanhla Shilubane, Nomonde Nkatu, Lemogang Modisane, Eric Baloyi and Edward Motsitsi were sent packing for boycotting a Mogale City budget vote council meeting on June 11.
He insisted the EFF had made a grave “mistake” by using the party’s constitution to push them out of the party for voting with their “conscience”. “We are surprised that we are being prosecuted for supporting the cause of the people.
They can’t say that the constitution of the EFF is supreme. The South African Constitution is the supreme law of the land and any document contrary to that of the constitution is unlawful.” He challenged his expulsion on the grounds of his belief that it was unlawful.
“We feel that we didn’t receive a fair trial, we’ll challenge them on appeal. We supported the budget because it incorporated 20 demands from the EFF and the executive mayor approved those demands.”
Mkhumbeni’s lawyer Meekahaefele Masooa said his client and the rest of the expelled councillors had 20 to appeal their expulsion. “They have a right to take the matter to the national appeals tribunal.
Following the decision of the EFF’s highest decisions making structure, we are considering that,” he told The New Age.
When approached for comment on his expulsion, Baloyi was tight-lipped. “I have no comment as yet.” EFF national spokesperson Mbuyiseni Ndlozi said in a statement that the councillors’ actions were untenable and therefore warranted expulsion.
“The organisation took exception to this conduct as it returned the public purse in the hands of the ANC. This is the same ANC that the people of Mogale City removed from the government following the 2016 local government elections,” he said.