A legal fight over whether Congress of the People (Cope) leader Mosiuoa Lekota has the right to take up the leadership of the party in Parliament continued in the Western Cape High Court on Wednesday, with lawyers growing visibly wearisome and irritable as arguments grew intricate and technical.
“My colleague has spent the past half-hour arguing over points I’ve never even brought up,” Norman Arendse, lawyer for Cope deputy leader Mbhazima Shilowa, said as he slammed shut a file of documents.
He was referring to Lekota’s lawyer, Anthony Sawma, who had been arguing over the intricacies on whether his client was entitled to lead the party in Parliament.
Sawma and Arendse had tried to convince the two Cope leaders to reach an agreement out of court on Tuesday, but failed.
“We did not reach consensus,” Shilowa said. “That is why the matter is now before the judge. We remain open to negotiations outside of the court.”
Shilowa has applied to have a July 2 decision by Cope’s congress national committee — which replaced Mvume Dandala with Lekota as the party’s political leader in Parliament — declared null and void.
He also wants his removal as Cope’s chief whip, and that of his ally Lolo Mashiane as the party’s administrative whip, declared unlawful.
Arendse has argued that the meeting on July 2 was unlawful and non-quorate.
‘Chaotic’
Shilowa sat upright and stone-faced throughout the proceedings on Wednesday.
Lekota appeared more tired, occasionally slumping forwards and placing his head on his forearms.
The party members seated between the two, who included former Congress of South African Trade Unions president Willie Madisha, were seen rubbing their eyes and foreheads and stifling yawns.
Shilowa and Lekota have not exchanged a greeting since they arrived in court shortly before 10am on Tuesday.
The proceedings were watched by a full public gallery, which sang and waved placards for Lekota on the steps of the court during each recess.
“It seems the entire affairs of Cope are chaotic,” Judge Essa Moosa said at one point in the proceedings, on hearing of a mix-up in the party’s MP lists.
Arguments are set to continue on Thursday morning. — Sapa