Key Takeaways:
- The South African Communist Party’s (SACP) KwaZulu-Natal provincial executive committee (PEC) is threatening to take the party’s national leadership to court over its disbandment.
- The PEC claims that the national leadership’s decision to disband it is unlawful and unconstitutional.
- The SACP is facing internal hurdles over its decision to contest elections, with the KwaZulu-Natal province being the first to challenge the decision.
- The ANC has announced that SACP leaders will be recused from participating in its elections strategy, and the ANC NEC has given the SACP an ultimatum to reverse its decision to contest elections or have its members lose their ANC membership.
Introduction to the SACP’s Woes
The South African Communist Party (SACP) is facing a major crisis after its KwaZulu-Natal provincial executive committee (PEC) threatened to take the party’s national leadership to court over its disbandment. The PEC’s lawyers have written a legal letter to the SACP’s general secretary, Solly Mapaila, and national chair, Blade Nzimande, stating that the decision to disband the PEC is unlawful and unconstitutional. The letter demands that the national leadership reinstate the PEC and lift the suspension of district secretaries, failing which the PEC will take legal action.
The Background to the Dispute
The dispute began when the SACP’s national leadership decided to contest elections, a decision that was met with resistance from the KwaZulu-Natal province. The province’s secretary, Themba Mthembu, said that the national leadership’s decision to disband the PEC was a shock and that the province was being unfairly persecuted. Mthembu claimed that the national leaders doubted whether the province would implement the decision to campaign for local government elections next year. The PEC’s lawyers argued that the national leadership’s decision to disband the PEC was based on clause 10.5 of the constitution, which gives the politburo (PB) general operational powers. However, the lawyers claimed that this clause must be read with other provisions of the constitution, which limit the PB’s powers.
The Legal Argument
The PEC’s lawyers argued that the SACP’s constitution does not make any provision for the disbandment of the PEC and the constitution of structures such as task teams or interim structures. The constitution makes provision for a provincial council, which has the power to fill any vacant PEC positions. The lawyers claimed that the national leadership’s decision to disband the PEC was therefore unlawful and unconstitutional. The lawyers also argued that the PB does not have the power to disband the PEC, and that even if it did, it would have to follow due process. The PEC’s lawyers claimed that the national leadership’s decision was based on unfounded allegations that the province was against the decision to contest elections.
The Fallout with the ANC
The SACP’s decision to contest elections has also led to a fallout with the African National Congress (ANC). ANC president Cyril Ramaphosa announced at the party’s national general council (NGC) that SACP leaders would be recused from participating in its elections strategy. The ANC’s national executive committee (NEC) has also rejected the idea of dual membership for SACP members should the SACP not reverse its decision to contest elections. ANC secretary-general Fikile Mbalula told the party’s NGC that 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. This has significant implications for the SACP, which has traditionally been a key ally of the ANC.
The Implications for the SACP
The dispute between the SACP’s national leadership and the KwaZulu-Natal province has significant implications for the party. The SACP is facing a major crisis, with the possibility of a court battle looming. The party’s decision to contest elections has also led to a fallout with the ANC, which could have significant consequences for the SACP’s future. The SACP’s national leadership will have to navigate this crisis carefully, as it seeks to balance its desire to contest elections with the need to maintain its relationship with the ANC. The outcome of this dispute will have significant implications for the future of the SACP and its role in South African politics.
