The swearing-in of Congress of the People (Cope) president Mosiuoa Lekota as a member of Parliament has been postponed while he and his deputy, Mbhazima Shilowa, slug it out in court.
An urgent application by Shilowa came before a judge in the Western Cape High Court on Wednesday, and was postponed to July 27 for argument.
Shilowa and his ally, Lolo Mashiane, who has been Cope’s administrative whip in Parliament, want the court to block Lekota from becoming an MP.
They also want the court to nullify a decision by Cope’s national committee that Shilowa should be removed as chief whip, and Mashiane from her post.
Shilowa had wanted an interim order preventing Lekota from being sworn in.
However, he dropped this demand after Parliament sent a letter to his lawyers saying that the swearing-in “has been postponed to a later date having due regard for any court processes that are still pending”.
A spokesperson for the Lekota faction said Lekota had in any case agreed that the swearing-in should be delayed.
Last week Lekota announced that he was taking up the seat of Cope’s former parliamentary leader, Mvume Dandala.
He also said he was instituting an internal investigation of allegations that Shilowa had misappropriated R20-million of party funds.
Shilowa said in a statement on Wednesday that the Lekota faction of the party had proposed an out-of-court settlement that would guarantee Lekota a seat in Parliament.
“Although the principle of a constructive engagement is acceptable, their current proposal is rejected because it is tantamount to endorsing a factional agenda,” Shilowa said. “We will continue with the court action while we engage in the discussions facilitated by an independent eminent person.”
‘Trying to set the record straight’
Lekota told a media briefing in Johannesburg earlier in the day that this court challenge would go the same way as Shilowa’s four previous unsuccessful attempts.
“The only new thing is that they don’t want me to be sworn in as member of Parliament,” he said.
Lekota said he was trying to “set the record straight on negotiations” with Shilowa following the decision by the party’s national committee earlier this month to remove Shilowa from his post of chief whip.
Lekota said he did not know what the “grandstand” was about because it would only delay negotiations with the parties involved and the investigation into the party’s finances.
The organisation had no problems about appearing in court, but individuals who launched the action would have to carry their own legal costs, he said.
Lekota also dismissed any suggestions that the party was desperate for an out-of-court settlement with Shilowa and Mashiane.
“It has been suggested by the other side that they will agree to a settlement only if the organisation covered costs of all applications, but we have no intention of doing that.”
Lekota said the party was available to negotiate a solution to the court action, provided no agreement was reached that undermined the party’s structures, decisions taken and the ongoing investigation into financial irregularities of its parliamentary funds.
“There is nothing to lose by engaging in negotiations [over the impending court action]. It’s a display of maturity.
“Anyone who has abused party or public funds must face the consequences of such actions, including if they incurred debts for the party without proper authorisation,” he said. — Sapa