Shilowa allowed to appeal interdict

2010-06-08 17:09

Johannesburg - Congress of the People deputy president Mbhazima Shilowa will be allowed to appeal against a ruling preventing the party from holding elections before September, the South Gauteng High Court in Johannesburg ruled on Tuesday.

According to a judgment by Judge Motsamai Makume, which was read to the courtroom, Shilowa and Cope general secretary Charlotte Lobe would be allowed to make an appeal before a full court.

A court interdict was granted on May 28 to party president Mosiuoa Lekota stopping Cope from holding elections.

This was granted on the basis that Cope's congress national committee (CNC) had already decided that elections should not take place and that a party conference was marred by violence.

The interdict also forbade the party from holding elections before September, as was previously agreed by the CNC.

Shilowa and Lekota were involved in a heated leadership dispute, with Shilowa wanting elections to take place, while Lekota wanted to delay them.

Shilowa's lawyer and Cope Gauteng chairperson, John Ngcebetsha, said his side welcomed the decision.

"We are excited about this," he said.

"It is clear that the judge would have relied on a large extent on the basis of representations that were made by Lekota's legal representative that were based on disputed facts."

Ngcebetsha maintained that the agreement to hold elections had no standing as a meeting of the congress in a conference superseded the agreement of the CNC.

Sipho Ngwema, speaking for Shilowa, said that Cope would be in court again on Wednesday. At issue will be Lekota's reinstatement as party president and a request for leave to appeal on the same matter.

- SAPA