The Congress of the People is content with the Cape High Court judgment which has effectively put our matter in abeyance pending the proceedings of the Gauteng South High Court.
The court has said:
- The merits of the St Georges and Heartfelt Congresses should not be considered by the same court on our own request. This is informed by the numerous misrepresentations of facts that arose from the papers of Lekota.
- The court did not agree to listen to arguments on the correct and legal interpretation of Article 2.9 of the Cope Constitution separately from the matters in front of South Gauteng Court and would have therefore said all these matters should be heard together.
- The court has suggested that we should consider joining the action in the South Gauteng.
- Effectively the court has decided to postpone the motion in front of it pending the outcome of South Gauteng actions.
- The attempt by Lekota faction to hijack the court and apply for an interdict against the legitimate Cope leadership was rejected. They court has not ruled on the legitimacy of any of the CNC in dispute.
Given that the court did not rule on these matters, this have an effect that Lekota, as the only nominee on their papers prior to December, will submit his factional collected from his unrecognised parallel structures.
Although the organisation is not party to the South Gauteng matter which matter is against President Mbhazima Shilowa, we will follow the court's ruling and enjoin him in the proceedings. We are further encouraged by the court's considerate attitude in refusing to dismiss our case, withholding the awarding costs and leaving the door open for us to return should Gauteng not be accommodating to our matter.
We are resolute in defending the organisation and strongly believe that any court that is faced with the merits of the matter will no doubt agree with us that we are the legitimate custodians of our movement. Although it was our hope that the matter be settled on the merits so that the lies that have been spread by Lekota's group are exposed, we believe that we will have that opportunity in the Gauteng South High Court as well.
We further accept the court ruling in rejecting the veiled attempt by Lekota's group to muzzle the legitimate leaders of our movement. The court was unequivocal in dismissing their claim to be legitimate - that matter is the subject of the Gauteng South High Court.
We have always believed that this is a political matter that should be decided politically and the only thing that a court can do is to legalise leadership but not legitimise it. Lekota is neither a legal nor a legitimate leader of COPE and these elections will prove that he has no base and no support amongst our members.
The leadership of Cope will meet on Monday the 28th and deliberate on all these matters so that a clear way forward is crafted and our people are mobilised to defend their organisation. Our faith in the justice system remains unyielding and do accept that in time all will be resolved and the people shall emerge. We call on our people not to be misled by the distractive elements who claim victory even at the slightest disorganisation of our movement.
We must use the current delay in dispensing justice to build our structures and mobilise for the ultimate victory. We remain on course hence those who stand on the way will interpret any delay as a success. We must only triumph when the organisation is united and ready to be the progressive alternative we seek it to be. Our mission is to be an alternative government that practises internal democracy in the way that we preach to those we oppose.
We must remain resolute and march forward to Gauteng South High Court where victory will be pronounced.
Statement issued by Nikiwe Num COPE(S) Acting General Secretary, March 25 2011
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