/ 29 May 2010

Cope ordered to defer elections for four months

The High Court in Johannesburg issued an interdict on Saturday preventing the Cope electoral conference from going forward.

Judge Motsamai Makume ruled that the election was in contravention of a resolution by the congress national committee earlier this week and was urgent due to “the threat of violence” at the conference.

Advocate Hilton Epstein, who is representing Lekota and Cope spokesperson Phillip Dexter as complainants, argued there had been reports of violence at the conference.

“I am therefore satisfied that the matter is urgent in view of the threat of violence,” ruled Makume.

“In the meantime, information has come forward that elections are proceeding.”

Both Epstein and the lawyer of the faction of Cope deputy president Mbhazima Shilowa, Gugulethu Madlanga, had said the election was going forward despite the court hearing arguments on the matter.

Shilowa, Cope general secretary Charlotte Lobe, and the party itself were named as respondents.

Madlanga had indirectly acknowledged this when he denied Epstein’s assertion that there was violence at the conference venue.

“I can’t believe they are proceeding when the court is proceeding. It verges on contempt,” said Epstein.

“As I’m talking they’ve [Shilowa supporters] started the election. Clearly, there is an attempt to railroad this.”

Madlanga had asked for a postponement until 4pm because he said he had not received instructions from his clients in the Shilowa camp. He was granted a five-minute recess to contact them by phone.

When court resumed, Madlanga said one of his clients was en route to the high court and asked for more time.

However, Makume took issue with the knowledge that the election was continuing despite the court proceedings.

Interdict
He then issued the interdict, stopping the election from taking place and accepted Epstein’s argument that the election went against a resolution by Cope’s national committee.

“[The election proceedings] is in conflict with the resolution taken,” ruled Makume.

“The first respondent [Cope] is interdicted from conducting elections. said Makume.

“The first respondent is hereby ordered to defer elections for four months until elections can be held in line with [Cope’s] constitution,” he said.

“I think this interdict has provided us with an opportunity to streamline the membership systems,” said Lekota outside the courtroom.

“To ensure that in September our members will have a credible conference and one that will be inclusive that will give everybody a chance to participate equally.”

Despite the strife that divided the party ahead of this weekend’s conference, Lekota expressed confidence that the party would be able to sort out its issues by September.

“We had already decided that we would have four months and that would be sufficient so I think we should be able to do so.

“We’re not starting from scratch. We will be collecting the witnesses who are there to ensure that we hold a conference that will satisfy everybody, the majority of the people,” said Lekota.

‘Victory for democracy’
Dexter also welcomed the ruling and took an opportunity to criticise Cope members aligned with Shilowa.

“I think it’s really an important victory for democracy,” said Dexter.

“It would have been easy to manipulate the processes in the party in the way Shilowa and others have been.” – Sapa