RFP constituency elections challenged

RFP constituency elections challenged
…as councillors rush to High Court seeking to halt October polls
Moorosi Tsiane
THE Revolution for Prosperity (RFP)’s planned constituency elections have been thrown into doubt after two of its members approached the High Court to block the 31 October 2026 polls, accusing the party leadership of violating its own constitution.
The RFP’s Bobatsi constituency public relations officer and councillor, Mothibeli Hure, and Braakfontein councillor Malimpho Lebenya, have filed an urgent application challenging a circular issued on 14 September 2026 calling for constituency elective conferences.
They are challenging, among other things, the exclusion of councillors from contesting the elections, the proposed increase in constituency committee membership from seven to 11, and a requirement that certain members resign before standing for election.
The RFP, its national executive committee (NEC) and secretary general, Nthati Moorosi, are cited as the first to third respondents respectively.
In his founding affidavit, Mr Hure said he became aware of the circular when it was published on 15 September 2026 and was concerned by the provisions determining who could contest and vote in the elections.
He took issue with paragraph five of the circular, which he said barred councillors from contesting constituency committee positions.
“I must state that the said Circular on its paragraph 5 clearly excludes the Councillors from contesting in the said elections,” Mr Hure said.
He argued the exclusion was discriminatory and infringed rights provided for under section 9(c) of the RFP constitution.
He said he wanted to exercise his right to participate in the party’s electoral processes and to be appointed or deployed to a committee.
“There is no explanation why my right is to be abridged and respondents never bothered to even consult me and others in my position like the second applicant before this crucial and adverse decision was taken,” he said.
Mr Hure further contended that the circular effectively sought to amend the RFP constitution by increasing constituency committee membership from seven to 11.
Section 26(c) of the party constitution provides for seven members, he said, while the circular provides for the election of 11.
“The adjustment of members of the committee is an amendment to the Constitution and which amendment ought to have followed the provisions of section 33 of the (RFP) constitution,” he said.
According to Mr Hure, section 33 requires constitutional amendments to be effected through an annual general meeting or a special meeting convened for that purpose.
Mr Hure and Ms Lebenya are also challenging a requirement that sitting constituency committee members who wish to contest the elections must first resign.
Mr Hure argued this created a further constitutional problem because constituency committees run the party’s affairs at constituency level.
“In the instance now that members have resigned, even the very intended elections will not materialise smoothly as there would not be anyone legally mandated by the constitution to facilitate for the holding of the said elections,” he said.
The applicants have also questioned the composition of delegates entitled to participate in the elective conferences.
Mr Hure argued the circular excludes ordinary branch members who do not sit on committees, despite what he said were broader participation rights under section 9(c) of the party constitution.
“The circular is in material respect inconsistent with the constitution,” Mr Hure said.
The applicants want interim relief halting the constituency election process pending the final determination of their application.
Mr Hure said the urgency was driven by the timetable contained in the circular, particularly the 20 September 2026 deadline for councillors intending to contest to resign their positions.
He said he would also have to relinquish his position as Bobatsi constituency PRO to qualify.
“Before the 20 September I must also have resigned as the PRO for the Bobatsi Constituency so that I could be eligible to contest the elections.”
He warned that waiting for the ordinary court process would render the challenge academic because the elections are scheduled for 31 October 2026.
“Once the elections have passed, I would have lost my chance to participate in these elections at least for this term.”
In their final relief, the applicants want the court to declare the circular issued by the secretary general unlawful for failing to comply with the party’s constitution.
The matter is set down for hearing tomorrow (Monday). However, RFP had not yet filed its opposing papers by the time of going to print.