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Today is D-day for controversial DA MP Dianne Kohler Barnard to hear whether she will be axed from the party, or whether her expulsion is overturned for a more lenient sentence.
Indications yesterday were that the Federal Executive (Fedex) – which imposed the expulsion – was negotiating for a “reconciled outcome” such as a suspended sentence.
Either way, the decision of the internal disciplinary appeals panel is final and not subject to approval by the Fedex. The panel’s decision can only be taken on review by a court.
The five-member panel, chaired by Werner Horn, will convene in Johannesburg at 10am.
Glynnis Breytenbach, chair of the Federal Legal Commission, said that there was a good chance of a verdict today.
“All the heads of arguments have been submitted already, so the panel has the benefit of this. We are hoping to get it done in one day and hope to not revisit it in the New Year.”
Kohler Barnard and her legal team, led by heavyweight advocate Barry Roux, have argued that the Fedex did not have sufficient grounds to impose a harsher sentence than recommended by the disciplinary panel. The panel’s recommendations included a drop in salary, a R20 000 fine and a public apology, but Fedex opted to expel her.
A source close to the Fedex said that there was a strong push now for a “reconciled outcome”, such as a suspended sentence.
The controversy around Kohler Barnard has split the DA and placed Mmusi Maimane in a tricky position as leader of a party that is trying to shed its baggage, build unity and a new, inclusive image.
Kohler Barnard came under heavy fire and was branded a racist after sharing a Facebook post that hankered after the days of apartheid leader PW Botha. She apologised unreservedly. She was demoted from shadow police minister to deputy shadow minister of public works and pleaded guilty when charged under the party’s new social media policy. She entered into a plea and sentence agreement.
She has remained an MP pending her appeal.
In response to queries yesterday, Kohler Barnard’s attorney Gerhard Wagenaar said: “We are ready to proceed, you cannot see our heads of argument and I don’t know what will happen.”
Maimane said yesterday that Fedex would abide by the decision of the panel. “We have gone through a healthy process and we will not undermine that process.”
