Bogus doctor Abdulkader Elyas, who had approached the Western Cape High Court seeking a second opinion after his expulsion from the DA, was dealt a blow on Monday after his urgent bid to overturn his expulsion was postponed, reports News24.
The postponement leaves Elyas’ challenge unresolved as he races to reverse the DA’s decision to terminate his membership and to protect his political position before the local government elections next week.
Elyas had pleaded guilty in September 2024 to five charges of misrepresenting his credentials, including false claims of holding a Bachelor of Medicine and Bachelor of Surgery (MBChB), a BCom in Economics with Finance, and a Bachelor of Business Science
The University of Cape Town said Elyas had not completed the qualifications in medicine and actuarial science attributed to him, while the Health Professions Council of South Africa said he had been registered as a student but had never progressed to registration as a qualified medical practitioner.
The DA alleged that he had appeared before selection panels wearing what appeared to be medical scrubs and carrying a stethoscope.
In his affidavit after being sacked by the DA he confessed to being ashamed of “this earlier wrongdoing”. And had instructed his attorney to communicate this to the federal legal council, after which a plea and penalty agreement was negotiated and signed in September 2024. The federal executive approved it four days later.
Under the agreement, his membership termination was suspended for the remainder of his term or until the 2026 local government elections, whichever came later.
He was barred from “standing for any position in the party – elected or non-elected – other than that of ordinary public representative” and constituency head.
But in court papers filed last week, Elyas said the termination of his party membership and the loss of his council seat were the result of a “patently wrong ruling of the FLC”.
He wants the court to urgently suspend the DA’s decision, restore his name to the party’s proportional representation candidate list, and prevent the IEC from filling the vacancy.
The case was due to be heard before Judge Ashley Kantor, but after a meeting with the judge in chambers, the case was postponed.
News24 understands that the issue of Kantor’s recusal arose, but further details were not immediately available.
At the heart of the dispute is a disagreement over whether Elyas breached the disciplinary agreement that had allowed him to retain his party membership after pleading guilty to the charges relating to his qualifications.
The DA argued that Elyas brought his expulsion on himself by accepting a campaign role that violated the terms of the agreement.
Elyas insisted that the party had misinterpreted the deal and that the Ground War Lead campaign role he accepted in the DA election campaign was operational, not a leadership position.
He had pleaded guilty to the five disciplinary charges, and the termination of his membership was suspended, subject to conditions, one of which barred him from “standing for any position in the party, elected or non-elected, other than that of ordinary public representative” during the relevant period.
The agreement had also provided for the automatic termination of his membership if further misconduct was found during that period.
The DA maintained that Elyas’ appointment as Ground War Lead for its Western Cape election campaign breached that condition, and that the role involved managing canvassing operations, co-ordinating campaign activity, ensuring data integrity and providing daily reports.
DA’s version disputed
Elyas rejected the party’s interpretation of the agreement, arguing that it prohibited him from standing for a position within the DA, not from being appointed to an operational campaign role.
“The position of ‘Ground War Lead’ is an operational role, which does not exist in the constitutional structure of the DA,” he argued.
He challenged both the interpretation of the agreement and the internal process that led to his expulsion. The party’s federal executive had considered the matter on 30 September and upheld the finding, terminating his membership.
Elyas disputed the validity of the findings and aspects of the DA’s account of his campaign responsibilities.
He argued that the termination of his membership had had serious consequences for his position as a councillor and his place on the DA’s candidate list for the elections.
The DA disputed the urgency of the case, and said that accepting the Ground War Lead appointment had triggered the consequence agreed to by Elyas.
It was not immediately clear when the case would be heard.
See more from MedicalBrief archives:
DA councillor in ‘bogus’ medical CV scandal
Alleged ‘fake’ doctor in court on fraud charges