Kingdom Mabuza and Kamogelo Seekoei

Kingdom Mabuza and Kamogelo Seekoei

Former PAC president Motsoko Pheko did not attend a disciplinary hearing called by his party because its national executive was "unconstitutional", the Johannesburg high court heard yesterday.

Pheko is challenging his expulsion from the party he joined more than 40 years ago. He was expelled last month after he failed to disclose transactions of the Sobukwe Foundation's account during his term as party president.

Pheko was also accused of unauthorised transactions and closing the account in January without the party's consent.

His lawyer, Wayne van Niekerk, argued the party's national executive committee (NEC) was not elected according to the constitution of the party.

He said that, other than for operational matters, the NEC had no authority to discipline Pheko.

"Pheko is not seeking to disband the organisation," Van Niekerk said.

"The NEC was illegally constituted and, therefore, the national disciplinary committee it set up cannot have any powers."

Van Niekerk said Pheko's decision not to attend the disciplinary hearing was motivated by his knowledge that a particular decision would be reached.

"It is like responding to an invitation to a mugging," he said.

The case continues today.