Democratic Alliance (DA) leader Mmusi Maimane clarified the party's stance that Natasha Mazzone was "elected", not appointed, to the position of second deputy federal council chairperson.

Maimane responded to the issue on Monday, after reports over the weekend indicated that some DA members were considering legal action over Mazzone's "election" to the post.

Gauteng MPL Khume Ramulifho argued that delegates at the DA congress, which was held the weekend of April 7, voted for the position before it had actually been created, at the same congress.

Voting for all positions took place on the Sunday morning, even though the congress only adopted the proposal to create that post later that day.

Initially, the party's federal council took a decision that, as the second-highest decision-making body, it would fill the position at its first sitting, after the congress had agreed to the proposal to add a second deputy.

However, following an objection, the party's federal legal commission resolved that only the DA congress could elect its leaders.

Thus, in the party's view, Mazzone, who came second in the vote for deputy federal council chairperson, would fill the second position, Maimane explained.

"When congress went to elections itself, it also voted on that [position]. Natasha Mazzone was not appointed, she was voted for, and the election results are there," he said.

Maimane added that the federal legal commission ruling could not be appealed within the party.

"[So] how that process unfolds further on is up to the people involved, to ask what is appealable and what is not. It won't be appealable internally."

An unhappy member therefore will effectively have to go to court to challenge Mazzone's "election".

Maimane added that both the federal executive and the federal council, which sits three times a year and is due to sit again in June, will meet to discuss the matter.

Meanwhile, Ramulifho told News24 on Friday that he would challenge the federal legal commission's decision and labelled it "flawed".

"There is no way anyone can change the decision of congress, except congress," he said.