TheSACP’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, 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.
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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.
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