Mo-Afrika Maleka 

Your assessment is 100% correct, the continuing infighting within the NEC Split 
Into Two damages the image and integrity of the PAC.  2014 national elections 
are around the corner, there are no indications for preparations as PAC we will 
either retain or loose the same one (1) seat. Indeed, these are painful moments 
in which deep rooted factionalism ravages the party.  The 11th May, meeting is 
nothing else but a palace coup de tat. Also, crying about this occurrences 
matters less, PAC members and branches should unite on the basis of the PAC 
constitution, denounce factionalist leadership hiding in the words such as 
'unity'. Members must build strong and vibrant branches as a form of defending 
the PAC and for advancing the five (5) Aims and Objectives of the PAC.

Shango lashu
Nkrumah 

-----Original Message-----
From: a.r.mal...@gmail.com [mailto:a.r.mal...@gmail.com] 
Sent: 28 June 2013 08:14 PM
To: nrkgag...@gmail.com; payco@googlegroups.com
Subject: Re: [PAYCO] FW: internal Memo

MOAFRICA I HAVE BEEN FOLLOWING FOR QUITE SOMETIME,IT IS SO PAINFULL TO SEE MY 
BELOVED ORGANISATION IN THIS STATE.WHY CAN'T THOSE GUYS AT NEC BURRY  THEIR 
DIFERENCES AND WORK FOR THE PARTY.WE ONLY HAVE ONE SEAT IN PARLIAMENT BUT 
EVERYTIME ITS PAC NEC WANT THIS AND THAT.MY FELLOW AFRICANS LET STOP BEING LIKE 
THE CHARTERISTS.SOME OF ARE IN THE PAC WITH THE WHOLE FAMILY WE DONT KNOW OTHER 
PARTY THAN PAC OF AZANIA.COME ON CHILDREN OF THE SOIL.IZWE  LETHU  

----------
Sent via Nokia Email

------Original message------
From: Nkrumah Raymond Kgagudi <nrkgag...@gmail.com>
To: 
<i...@bataufc.com>,<d...@pac.org.za>,<bennet_j...@yahoo.com>,<isa...@diplomatsa.co.za>,<paccapeme...@webmail.co.za>,<rammymfulw...@gmail.com>,<rateb...@webmail.co.za>,<smiz...@hotmail.com>,<smollozo...@gmail.com>,<bassiekam...@facebook.com>,<mphah...@eskom.co.za>,<mvakalijust...@gmail.com>,"vakele
 mkandawire" 
<mvak...@gmail.com>,<nakaphala.ba...@gmail.com>,<rako...@tut.ac.za>,"Andiswa 
Mjali" 
<mja...@pac.org.za>,<wgaj...@gmail.com>,<bulang...@gmail.com>,<mabitselada...@gmail.com>,<emadzu...@yahoo.com>,"Malinge
 Plaatjie" 
<malingeplaat...@yahoo.com>,<makgaledisamphahl...@yahoo.com>,<patrick.khum...@ekurhuleni.gov.za>,<milesndl...@yahoo.com>,<montja...@yahoo.com>,<takalaniligeg...@gmail.com>,<tamulau...@hotmail.com>,<apap...@webmail.co.za>,<angwa...@webmail.co.za>,<anwar.ad...@capetown.gov.za>,"Lehlohonolo
 Shale" 
<lehlohonolosh...@yahoo.com>,<lennox.maqw...@gmail.com>,<leon...@mpi.metropolitan.co.za>,<sibusiso.x...@gmail.com>,<tob...@yahoo.com>,<phillipdhlam...@yahoo.com>,<phumzilenom...@hotmail.co.za>,"APLAMVA
 LIMPOMPO" 
<aplamval...@gmail.com>,<aplamvanatio...@gmail.com>,<kwamendeb...@webmail.co.za>,<luyand...@gmail.com>,<jtrimblefam...@hotmail.com>,<kutie.thondl...@doves.co.za>,<kub...@telkomsa.net>,<vumilemof...@yahoo.com>,<payco@googlegroups.com>,<samuel.zw...@ekurhuleni.gov.za>,<baldwin.nd...@inl.co.za>,<hoteli...@iburst.co.za>,<headoff...@sacwu.org.za>,<mnyhon...@yahoo.com>,<nrkgag...@gmail.com>,<maiv...@pac.org.za>,<digashuma...@gmail.com>,<samrad...@upd.co.za>,<dannymonar...@gmail.com>,<khoi.so...@gmail.com>,<a...@a-aprp-gc.org>,<a...@joburg.org.za>,<frazer.sm...@webmail.co.za>,<drmotsokoph...@drmotsokopheko.com>,<victor.serakal...@dcs.gov.za>,<ntsiemohl...@gmail.com>,<mphash...@webmail.co.za>,<ckoms...@yahoo.com>,<leratolepha...@ymail.com>,<ju-...@webmail.co.za>,<solomoncontrac...@gmail.com>,<nancykob...@webmail.co.za>,<znd...@hotmail.com>,<crosby.njwab...@webmail.co.za>,<ndhlo...@pac.org.za>,<ikeyisa...@gmail.com>,<oscarfelit...@gmail.com>,<gordon.mpi...@gmail.com>,<sibekowill...@yahoo.com>,"Vusi
 Mahlangu" 
<vemahla...@gmail.com>,<rakwe...@yahoo.com>,<tyamza...@yahoo.com>,<jabumakha...@yahoo.com>,<yolisamazo...@gmail.com>,<rmse...@gmail.com>
Date: Friday, June 28, 2013 10:52:13 AM GMT+0200
Subject: [PAYCO] FW: internal Memo

 

 

 

 

The Internal Memorandum dated 27th June 2013 signed by Narius Moloto Secretary 
General, paragraph 5 states the following: The members are encouraged to have 
reference to Rule 49 of the Uniform Rules of Court, read with the Supreme Court 
Act 59 of 59 states the following :- 

"Where an appeal has been noted or an application for leave to appeal against 
or to rescind, correct, review or vary an order of a court has been made, the 
operation and execution of the order in question shall be suspended." 

 

Noting that Rule 49 is incomplete as it can be seen above (the operation and 
execution of the order in question shall be suspended.!). I then complied with 
the memo as it instructs, below it is the complete Section 49 Sub-Titled Civil 
Appeals from the High Court.

 

 


Legislation updated to: 26 June 2009 

 

UNIFORM RULES OF COURT1*

RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE SEVERAL PROVINCIAL AND 
LOCAL DIVISIONS OF THE HIGH COURT OF SOUTH AFRICA

 

49 Civil Appeals from the High Court

 

(1) (a) When leave to appeal is required, it may on a statement of the grounds 
therefor be requested at the time of the judgment or order.

 

Section (11) States that "Where an appeal has been noted or an application for 
leave to appeal against or to rescind, correct, review or vary an order of a 
court has been made, the operation and execution of the order in question shall 
be suspended, pending the decision of such appeal or application, unless the 
court which gave such order, on the application of a party, otherwise directs."

 

Comments:-

The understanding one has of Rule 49 is that the operationalization and 
implementation of the Court Case NO: 13/19023 Judgement is held-up, on the 
grounds that the leave of appeal is not yet decided or settled or awaiting 
conclusion or confirmation, or unless the court which made the judgement 
directs!

 

It worth to note that suspension imply/means holdup or held-up, it does not 
imply nullification of judgement nor reinstating the conditions that existed 
before the 14 June 2013 court judgement. It is also unclear that because the 
rule so says 'suspension", it therefore given that the judgement is held-up 
without the court pronouncing as such!

 

And also that it is common knowledge that post filing of the leave of appeal 
the court did not pronounce a directive that reinstates the status quo that 
existed prior 14th June 2013 case no. 13/19023 Judgement.

 

Therefore party members and branches should be very careful of being drowned in 
legal battles characterised by ambiguities and later finding themselves facing 
accusations of having acted in contempt of court! As PAC members and branches 
we are required to place the interests of the PAC above our personal wishes and 
interests, and also we required to place the forward movement and unity of PAC 
through activism. As has been said before PAC problems are political and can be 
resolved by a self-less, objective and principled leadership committed to drive 
and advance the PAC's historic mission as stated in the 1959 Pan Africanist 
Manifesto. Members and branches must become more grounded on both the Pan 
Africanism as a revolutionary ideology plus the 1959 Pan Africanist Manifesto 
which outlines he party's political programme. Secondly party members and 
branches should therefore be organised and united in defense of the PAC and the 
Pan Africanist Revolution.  

 

Nkrumah Raymond Kgagudi

 

 

From: Narius Moloto [mailto:s...@pac.org.za]
Sent: 27 June 2013 04:57 PM
To: i...@bataufc.com; d...@pac.org.za; bennet_j...@yahoo.com; 
isa...@diplomatsa.co.za; paccapeme...@webmail.co.za; rammymfulw...@gmail.com; 
rateb...@webmail.co.za; smiz...@hotmail.com; smollozo...@gmail.com; 
bassiekam...@facebook.com; mphah...@eskom.co.za; mvakalijust...@gmail.com; 
'vakele mkandawire'; nakaphala.ba...@gmail.com; rako...@tut.ac.za; 'Andiswa 
Mjali'; wgaj...@gmail.com; bulang...@gmail.com; mabitselada...@gmail.com; 
emadzu...@yahoo.com; 'Malinge Plaatjie'; makgaledisamphahl...@yahoo.com; 
patrick.khum...@ekurhuleni.gov.za;
milesndl...@yahoo.com; montja...@yahoo.com; takalaniligeg...@gmail.com; 
tamulau...@hotmail.com; apap...@webmail.co.za; angwa...@webmail.co.za; 
anwar.ad...@capetown.gov.za; 'Lehlohonolo Shale'; lennox.maqw...@gmail.com; 
leon...@mpi.metropolitan.co.za; sibusiso.x...@gmail.com; tob...@yahoo.com; 
phillipdhlam...@yahoo.com; phumzilenom...@hotmail.co.za; 'APLAMVA LIMPOMPO'; 
aplamvanatio...@gmail.com; kwamendeb...@webmail.co.za; luyand...@gmail.com; 
jtrimblefam...@hotmail.com; kutie.thondl...@doves.co.za; kub...@telkomsa.net; 
vumilemof...@yahoo.com; payco@googlegroups.com; samuel.zw...@ekurhuleni.gov.za; 
baldwin.nd...@inl.co.za; hoteli...@iburst.co.za; headoff...@sacwu.org.za; 
mnyhon...@yahoo.com; nrkgag...@gmail.com; maiv...@pac.org.za; 
digashuma...@gmail.com; samrad...@upd.co.za; dannymonar...@gmail.com; 
khoi.so...@gmail.com; a...@a-aprp-gc.org; a...@joburg.org.za; 
frazer.sm...@webmail.co.za; drmotsokoph...@drmotsokopheko.com; 
victor.serakal...@dcs.gov.za; ntsiemohl...@gmail.com; mphash...@webmail.co.za; 
ckoms...@yahoo.com; leratolepha...@ymail.com; ju-...@webmail.co.za; 
solomoncontrac...@gmail.com; nancykob...@webmail.co.za; znd...@hotmail.com; 
crosby.njwab...@webmail.co.za; ndhlo...@pac.org.za; ikeyisa...@gmail.com; 
oscarfelit...@gmail.com; gordon.mpi...@gmail.com; sibekowill...@yahoo.com; 
'Vusi Mahlangu'; rakwe...@yahoo.com; tyamza...@yahoo.com; 
jabumakha...@yahoo.com; vumilemof...@yahoo.com; yolisamazo...@gmail.com; 
rmse...@gmail.com
Cc: ad...@pac.org.za
Subject: internal Memo

 

Good afternoon

 

Please find the attached for your information

 

Regards

 

Narius Moloto

Secretary General

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