Nominated MP Godfrey Osotsi (pictured) has said he would challenge the High Court ruling that reinstated Barrack Muluka as ANC political party's secretary.
The High Court overturned a ruling by the Political Parties Dispute Tribunal (PPDT) that nullified Muluka's appointment.
Justice Cecilia Githua said PPDT’s decision to reinstate Osotsi as Secretary General cannot be sustained and must be set aside because it lacked jurisdiction.
“The PPDT failed to consider whether Osotsi had exhausted the Internal Dispute Resolution Mechanism (IDRM) of the party,” said Githua.
She added that the dispute launched at the Tribunal was premature and did not follow the Parties Act.
The Tribunal reinstated Osotsi as the party’s Secretary General.
“The decision of the tribunal dated 12-4-2018 is set aside in its entirety,” the court ruled.
Osotsi moved to the Tribunal to contest his removal as Secretary General, saying it was irregular. The Tribunal granted his prayers and reinstated him.
The decision was later challenged by the ANC in an application at the High Court.
Osotsi’s lawyers filed an application for a judicial review of the party’s processes involved in kicking him out.
"We are going to appeal the ruling at the Court of Appeal," Osotsi said.
In March, at a Special National Executive Council (NEC) ANC adopted the report of its disciplinary committee recommending Osotsi's expulsion over claims of misuse of party funds when he served as Secretary General before the 2017 polls.
