PAC's elective conference legitimacy questioned amid internal conflict

The Pan Africanist Congress of Azania (PAC) National Executive Committee (NEC) has been accused of convening an elective conference despite its term in office having expired. 

A group claiming to be the party’s National Conference Organising Committee wrote a letter to the party’s secretary-general, Apa Pooe, ahead of the party’s conference recently held in Gqeberha, in the Eastern Cape, warning that the NEC has no mandate to perform any functions lawfully, including the convening of an elective congress and conferences.

This was a response to the letter issued by Pooe on December 2, demanding that the group desist from unlawful use of the name, symbols, and logo of the PAC. 

Despite some members raising concerns about credentials, the party president, Mzwanele Nyhontso, was re-elected to his position, while Jacky Seroke replaced Victor Serakalaka as deputy president. Pooe, chairperson Sibusiso Xaba, deputy secretary-general Eddie Mfulwane, and national organiser Mbuyiselo Kantso were also retained in their positions. 

According to the group, the party failed to convene the conference timeously, and the term of office for the NEC expired. 

“The erstwhile 'NEC and secretary-general' are therefore holding office unlawfully and have no authority to issue letters or make demands on behalf of the PAC,” read the letter.

The group also added that Pooe had no “locus standi” to issue letters and make demands on behalf of the PAC.

Pooe confirmed that he received the letter, adding that it was authored by individuals not recognised as part of a constitutional structure and who operate outside the party’s lawful governance framework. 

He said the letter reflects political opinions and contested interpretations advanced by a grouping external to the recognised structures of the PAC. 

“It does not constitute a legal finding, a court ruling, or an authoritative constitutional determination,” said Pooe, adding that claims that the party failed to convene its supreme organ timeously and the NEC lacked authority are assertions, not legal facts.

The group said that branches and members of the party, through M’Afrika Nceba Bontsi, approached the Gauteng High Court, Johannesburg, seeking a declaration of the conference held in Seshego, Limpopo, from August 26 – 28,  2022. They also want the outcome to be declared null and void.

The group said branches also want the NEC elected in Bloemfontein in 2019 to be reinstated and be ordered to convene a national congress within three months from the date of this court order.

“Therefore, it is our understanding and belief that in this High Court application, it further seeks the so-called 'NEC' arising from Limpopo, Seshego, in August 2022 to be declared unconstitutional. And, the gathering be declared unconstitutional and illegitimate,” the letter read.

The letter also stated that as Pooe changed his legal representatives when the matter was about to be heard, their understanding and belief is that no court of law declared him as the constitutional and legitimate national leadership of PAC.

“Your letter conflates distinct legal concepts: (a) political party registration under electoral law; (b) trademark rights in commercial contexts; and (c) the historical and ideological identity of a liberation movement.

“If you were serious about these matters, you had an ample of time to engage us in a constructive and objective engagement as prescribed by Disciplinary Code clause 15 (a) and 15 (b), unfortunately you had been ignoring and resisting a dialogue by also ignoring prescripts of clause 5 and clause 5.6 of a special national conference, which was requisitioned by one-third of PAC branches within 30 days, submission made in September 2022,” the group said. 

However, Pooe said the assertions made regarding the High Court are misleading in material terms, adding that the court declined a request to enrol the matter on an expedited or preferential basis.

He said the delay was due to capacity constraints of the court, not because of any conduct, delay, or manoeuvring by the PAC or its leadership.

Pooe added that a change of legal representatives is a lawful and constitutionally protected right and does not suspend, invalidate, or delegitimise organisational leadership.

“In South African law, legitimacy is determined by final court orders, not by correspondence, speculation, or politically motivated statements. The PAC remains a registered political party with recognised leadership and functioning constitutional structures. Ongoing political contestation does not amount to legal invalidity,” he said. 

manyane.manyane@inl.co.za