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Former National Democratic Convention (Nadeco) leader Ziba Jiyane will contest the election of Hawu Mbatha as the party's president at the Bloemfontein supreme court on Thursday.
Jiyane wants the court to reverse Mbatha's election. Mbatha was elected president at the party's conference last year.
Mbeki Ngwenya, secretary of Nadeco's reconciliation task team, said the process that elected Mbatha was flawed.
"We want the court to reverse the conference's decision because it is illegitimate. You can't have a conference attended by [only a] few members take decisions of that magnitude," said Ngwenya.
"Things are not rosy in Nadeco. Mbatha and Jiyane's sides are at loggerheads, but I believe if the court can reverse the conference's decision this mess will be sorted out."
Ngwenya said the party will also be contesting the axing of two Nadeco councillors, Thokozani Hadebe and Thandanani Njoko, in the Pietermaritzburg high court today. The two were fired by Nadeco last week.
"They did not have the power to do that," said Ngwenya.
He said six of the current NEC members "will resign to join Jiyane's faction".
Nadeco spokesman Margaret Arnolds said Jiyane could go to court because he was within his rights to do so.
"If we are served papers, we will go to court. It was the high court which granted us the permission to hold the conference that elected Mbatha. So his election was legal," she said.
Political analyst Zakhele Ndlovu said he was not surprised by the latest developments in Nadeco.
"The problem with parties formed by individuals who crossed from other parties, is that they think they own those parties," said Ndlovu.
"As long as issues are resolved in courts, the party will always be in shambles.
"I doubt if Nadeco will still be there in 2009."