The SACP’s woes continue after a legal letter by its KwaZulu-Natal provincial executive committee (PEC) threatening to take its national leadership to court after its disbandment.
In a legal letter seen by the Sunday Times, lawyers representing the disbanded PEC said they are instructed to inform the national leadership that its decision to disband the PEC is unlawful and unconstitutional.
“Similarly, the decision to appoint an interim structure instead of the PEC is unlawful. We are instructed that you forthwith reinstate the PEC and allow it to perform its functions. We are further instructed the suspension of the district secretaries be forthwith lifted, failing which our clients will have no option but to take legal action. We require your response by not later than January 8 2025, failing which we will proceed without further reference to you,” the legal letter reads.
The letter addressed to SACP general secretary Solly Mapaila copied its national chair, Blade Nzimande, who has spoken out against the decision to contest elections.
In November, Sowetan sister publication TimesLIVE reported the SACP’s national leadership shocked its KwaZulu-Natal leaders when it disbanded the structure, accusing it of challenging the party’s decision to contest elections.
This was the first internal hurdle the SACP is facing over its decision to abandon the ANC when vying for council and mayoral chains next year.
KwaZulu-Natal secretary Themba Mthembu previously said the decision by its national body took them by surprise.
Mthembu exclusively told the publication: “They allege we are against contestation. When we asked where they received the information, they were unable to tell us. They don’t have evidence, they just feel we are against the decision to contest and we are not happy,” he said.
Mthembu said the province was being unfairly persecuted, adding the national leaders doubt whether they will implement their decision to campaign for local government elections next year.
“The decision came as a shock. We are meeting today [Tuesday], then we will determine the next steps we can take,” he said.
The PEC’s lawyers’ letter argued it was an elected structure in terms of the SACP constitution.
“As you are also aware, KwaZulu-Natal is by far the largest province with the most membership. This alone demonstrates the extent of the functionality of the PEC. The reports also amply demonstrate the PEC fulfils its constitutional mandate and responsibilities.
“As a matter of fact, and law, neither the PB [politburo] or the CC [central committee] has conducted any analysis or assessment which justifies any decision to intervene in the manner the PB has intervened, never mind the fact that the PB does not, in law, have any such powers in terms of the constitution of the SACP. Even if the PB had such powers, the PB is obliged in law to follow due process when acting in the manner it did. On the contrary, reports show the PEC and the province have been performing well.”
The letter that the PEC notes the PB decision is purportedly based on clause 10.5 of the constitution.
“Clause10.5 cannot be applicable in the present matter. Clause 10.5 gives a general operational power to the PB, but must be read with other provisions of the constitution, in particular Clause 9.1. and 9.3, which deal with directing the work of the SACP and issuing directives. Clause 6.,1 read with Clause 6.3 prescribes the hierarchy and accountability. Clause 6.3 specifically provides for the accountability of higher structures. Therefore, the PB does not enjoy unlimited powers and must also be accountable even to lower structures.”
The disbanded PEC said the constitution of the SACP does not make any provision for the disbandment of the PEC and constitution of structures such as task teams or interim structures.
It argues its constitution makes provision for a provincial council.
“In terms of Clause 16.2.4 it is the PC which has the power to “fill any vacant PEC positions provided these do not exceed a third of the PEC”. Therefore, the filling of any vacancies on the PEC must be in accordance with the constitution.”
This comes as ANC president Cyril Ramaphosa announced at its national general council (NGC) on Thursday that SACP leaders would be recused from participating in its elections strategy after its decision to contest elections.
The Sunday Times reported this week that the ANC national executive committee (NEC) rejected the idea of dual membership for SACP members should it not reverse its decision to contest elections.
ANC secretary-general Fikile Mbalula told the party’s NGC the NEC has essentially given the SACP an ultimatum to either backtrack on its decision to contest elections on its own or have its members lose their ANC membership.
TimesLIVE
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