ANC’s Mervyn Dirks and Pemmy Majodina to square up in court

The Western Cape High Court on Tuesday is set to hear ANC Member of Parliament (MP) Mervyn Dirks’ urgent application following his suspension from his parliamentary positions.

Dirks, who will be represented by former Economic Freedom Fighters (EFF) secretary-general Godrich Gardee Attorneys, is seeking an interdict to prevent ANC chief whip Pemmy Majodina from appointing another MP to replace him.

He is also seeking to be reinstated with immediate effect as ANC whip of the Standing Committee on Public Accounts (Scopa).

Unlawful

In his papers, Dirks has argued that the withdrawal of his membership from Scopa and his precautionary suspension was unlawful and unconstitutional.

The comes after ANC’s national executive committee (NEC) gave the greenlight for disciplinary action be taken against Dirks following a recommendation from the national working committee (NWC).

ALSO READ: ANC MP’s Ramaphosa request could pit factions against each other at NEC meeting – analyst

The NWC concluded that Dirks’ actions brought the ANC into disrepute after the MP asked Scopa to summon Ramaphosa to account for concealing corruption, according to Sunday Times.

Last Thursday, Dirks was placed on precautionary suspension by Majodina for his “unbecoming” conduct, and initiated disciplinary proceedings against him.

The MP was also stripped of his parliamentary duties as the whip of Scopa after having ignored Majodina’s instruction to withdraw his request.

Scopa appearance

Dirks is expected to appear before Scopa to make his representations on Tuesday afternoon.

Scopa chairperson Mkhuleko Hlengwa said last Friday the committee will proceed with Dirks’ complaint as it had already started an internal process because the matter was “serious”.

READ MORE: Dilemma for ANC Scopa members over Mervyn Dirks saga

“The matter brought before me by Mr Dirks, and being processed towards the committee, does fall within the ambit of matters which deserve our attention,” he said.

Hlengwa said Dirks’ suspension had “no material bearing” as the committee “reserves the right to invite or summon any person to appear before it to provide information, evidence, or representation”.

Leaked audio

On Twitter, Dirks said there was “a concerted effort here to stop someone from appearing before Scopa”.

Dirks wrote to Hlengwa requesting that Ramaphosa be summoned to the committee to answer to allegations of mismanagement of public funds.

His complaint relates an audio recording, where Ramaphosa is heard saying that he knew of party members who used public funds for their political campaigns ahead of the ANC’s 2017 Nasrec elective conference.

READ MORE: ANC MP’s Ramaphosa request could pit factions against each other at NEC meeting – analyst

In the leaked audio that was recorded during an NEC meeting, Ramaphosa conceded that he is “willing to fall on the sword” to protect the ANC rather than reveal the party members’ names because he is concerned about the image of the party.

ANC’s head of the Presidency, Sibongile Besani, confirmed that the leaked recording was authentic, but dismissed suggestions that Ramaphosa was attempting to shield party members by covering up information on corruption.

Scopa proceeds with Ramaphosa complaint despite ANC suspending Mervyn Dirks