Court orders ex-COPE leaders to pay legal costs

FORMER Congress of the People (COPE) provincial leaders Sam Kwelita and Archibald Ralo have been ordered to pay the legal costs of an interdict filed earlier this year. 

East London High Court judge Irma Schoeman dismissed a court application by the two – who are aligned with the party’s Mbhazima Shilowa faction – seeking to nullify a provincial congress convened by a faction aligned with Mosioua Lekota.

The two former leaders of the beleaguered political party approached the courts after a congress in Butterworth on January 3 and 4 elected Lekota’s allies Mbulelo Ntenjwa as provincial chairman and Mlamli Tsotsi as provincial secretary.

Judge Schoeman identified numerous anomalies with the applicants’ urgent interdict.

She questioned whether the East London High Court had jurisdiction to hear the urgent application, as respondents Ntenjwa and Sipho Mkwayi were residing in Butterworth.

The congress was also held in Butterworth, “outside the jurisdiction” of the court, the judge found.

The judge questioned the validity of Ralo and Kwelita’s COPE membership and also ruled that it was COPE’s national office bearers that had “general responsibility to take decisions to litigate”.

Dismissing the application, Schoeman said: “I am of the view that as COPE not before court it is appropriate to award costs against Ralo and Kwelita … as they acted without authority.”

Ntenjwa  yesterday welcomed the judgment.

“ was just a strategy to hang on to power because it was towards elections. They’ve managed to achieve the destruction; however they are left with a burden to deal with the consequences,” he said.

Ralo and several  Shilowa-aligned COPE leaders appeared on UDM lists for parliament and the provincial legislature before the May 7 general elections.

Ralo and and Shilowa’s right-hand man Sipho Ngwema failed to secure seats to the national parliament while Buffalo City’s COPE leader Thando Mpulu is a UDM MPL in Bhisho.

Before the elections Ralo confirmed that COPE members led by Shilowa would campaign for the UDM in the 2014 elections.

Ralo said he was not aware of the judgment. Kwelita’s phone went unanswered.

subscribe

Would you like to comment on this article?
Register (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.