The office bearers of Congress of the People in the Western Cape were surprised to hear from the media reports that COPE's parliamentary Chief and Administrative Whip have been removed from their positions. Quoted in the media Phillip Dexter said "We're not removing him as an MP." Dexter also told journalists at a media briefing held in party president Mosiuoa Lekota's parliamentary office that the decision was reached at a regular fortnightly meeting of COPE's national office bearers.

We would like to remind the CWC (Congress Working Committee) that it has no powers to take such a decision.  Only the CNC has powers to appoint or dismiss the parliamentary Chief or Administrative Whip. We would also like to drawn to the attention of the CWC Cape High Court judgement when this sort of manoeuvre was tried earlier on, the court stated; 

 "137] Because of the serious allegations of financial mismanagement and the change in the status of the applicants in their respective capacities, the provisions of COPE's Constitution and the principles of natural justice dictates that the CNC should have convened an independent disciplinary committee and that the applicants should have been afforded an opportunity to appear before such committee to answer the charges of misconduct against them before a decision was taken to arbitrarily divest them of their positions' The failure to do so, constituted a serious infringement of their rights as members of COPE and divesting them of their positions without giving them a hearing, was procedurally unfair."

As all can see, the powers to discipline the Chief Whip and Administrative Whip lie with the CNC, and that any attempt to divest them of their roles - whether temporarily or permanently - may only be done so within the confines of legitimate disciplinary actions.  To date, neither the Chief Whip nor the Administrative Whip have been afforded any right of reply to the President's allegations, and as usual, the President has seen it fit to first discuss COPE's Parliamentary finances via the media rather than with the highest structure between National Congresses in the party, the CNC. 

Putting all these things into consideration, as COPE in the Western Cape Province, we can only come to a conclusion that the decision to remove Mbhazima Shilowa and Lolo Mashiane is unlawful and void.

We note with regret the recent regressive tendencies of the CWC to time and again usurp powers of the CNC to its stable, and change or do not implement the decisions that do not favour the faction of the President. The recent example is the recent substitution of standing Disciplinary Committee members with those appointed by the CWC, which rest within the CNC powers.

When Mr. Lekota served the so called letter of divorce to his previous organisation, he said he was doing so because it had lost all respect for law. We note with regret that himself has since become dictatorial and hold a very careless disregard for law and constituted procedures of the organisation when they do not serve his purpose. He respected this High Court judgement's part that allowed him to go to parliament, but has since resisted to allow Shilowa operate as a Chief Whip even after the judgement, and now we are told he has been removed again without following proper procedures as recommended by the court. Also, on several occasions the President has instructed the acting General Secretary to cancel the National Congress preparatory meetings without any explanations. 

It is clear that there is a concerted effort, first to perpetually delay the National Conference, and secondly to make sure the political competition to the President is tarnished and eliminated. What has also become clear is that the 1.3 million voters of the party are being held into ransom by the national leadership that has overstayed its welcome, and is now trading on politics of desperation to extend its tenure.

We here upon call for an urgent CNC meeting to discuss how to;

* Deal with the KPMG forensic audit findings;

* The variant behaviour of the CWC and its lack of implementing all CNC decisions;

* The persistent failure by the president of ignore and going around internal structures of the organisation when communicating crucial decisions;

* The failure of the National Congress preparatory meetings to take place, and;

* The deviant manner by which the organisation is gradually moving away from its founding principles.

Issued by COPE Western Cape provincial office of the secretariat, October 29 2010

Click here to sign up to receive our free daily headline email newsletter