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The Congress of the People is appalled at the contemptuous conduct of its parliamentary leader and
former president, Mosiuoa Lekota, who unilaterally and unconstitutionally excluded some of parliament
from the parliamentary caucus earlier today.

Lekota, 18 others, are under investigation by the office of the general secretary for a series of
allegations which include bringing the party into disrepute, insubordination, undermining the COPE
constitution, conduct unbecoming of a COPE public representative and sowing confusion and division.

The acting general secretary is expected to table her report, which is almost ready, at the next CNC on
12 February 2011. On January 22 Lekota and a Group of 18 met in Kempton Part and made unofficial
pronouncements which attacked the senior leadership and party structures. There has since been more
public assertions and action that have caused confusion and more embarrassment.

COPE reiterates that Lekota is no longer its president or a member of the CNC – and none of our
public representatives have been suspended. Lekota’s bully tactics and the exclusion of some of
the members of parliament renders the decision taken at the gathering null and void. All members
will be at the opening of parliament next week and hopefully the party would have clarified the
leadership confusion to parliament.

Although the party had undertaken to follow due process and maintain the status quo regarding
its public representatives in the interest of unity, we may have to review that stance in face
of the apparent defiance.

The reports from parliaments follow the discovery of damning evidence on how Julie Killian
and a member of the Lekota 18, colluded with firm of attorneys to manipulate COPE processes,
cover up and made resolutions after the fact to legitimise an improper DC against party president,
Mbhazima Shilowa. (See Attachments and below)

The party vows to take strong action on anyone found guilty of misconduct including Lekota.
 

1 February 2011

Ms Sarah Christie
Disciplinary Chairperson

Dear Madam

DISCIPLINARY ACTION AGAINST MBHAZIMA SHILOWA

I am aware that the disciplinary hearing resumed on 31 January 2011. I did not instruct my attorneys to attend the hearing because I still do not accept that the hearing was properly convened and cannot submit to it. I instructed my attorneys to inform you that my absence was not intended to convey or demonstrate any disrespect toward you, and am advised that this was done. Although my attorneys (Cheadle Thompson & Haysom Inc) continue to represent me they have advised me to address this letter to you directly. The reasons for this will become obvious shortly.

Certain documents have come into my possession, which I believe vindicates my attorneys’ submissions that the disciplinary process against me was not properly authorized. These documents illustrate how MacGregor Erasmus Attorneys assisted COPE with the drafting of CNC resolutions, to regularize the disciplinary steps against me. The documents are attached.

As is apparent from the attached draft resolution, MacGregor Erasmus recognized that the CNC ought to have ratified the disciplinary action against me and approved your appointment as chairperson. At all material times, including during the hearing held on 9 December 2010, the attorneys were aware that the CNC had not ratified these measures. They failed to disclose this to you as disciplinary chairperson. The fact that the draft resolution of the CNC was not prepared by the CNC, but by an advocate is in my humble view, inappropriate. The resolution ought to have been drafted by the CNC pursuant to a properly constituted meeting of the CNC. These documents suggest that the disciplinary steps against me are not bona fide but malicious. It is also significant that the draft resolution prepared by MacGregor Erasmus was never adopted by the CNC.

The constitutional structures which allegedly mandated you to chair this disciplinary hearing in 2010 have now made it plain that they do not recognize the disciplinary hearing. In the circumstances, the disciplinary action against me remains unlawful. I reserve my rights in full.

Yours faithfully

Mbhazima Shilowa
COPE President