---------------------------- Original Message ---------------------------- Subject: [Fwd: [PAYCO] UPDATE: PHEKO V/S LETLAPA MPHAHLELE & OTHERS] From: [email protected] Date: Fri, August 7, 2009 11:59 To: [email protected] pa...@googlegroups --------------------------------------------------------------------------
Revolutionary Greetings, Comrades the legal analysis given by the President,Hulisani Mmbara is legally and politically correct. It needs no further analysis or misrepresentation. We have been very slow in capitalising on this legal loophole to the detriment of the party and to the advantage of Mphahlele and Skhwatsha. We should be steadfast and take this breakthrough seriously this time around. I am still of the view that we have not succedeed to work together as expected to be able to come with a collective and devastating blow to Mphahlele and his pikinini boys. It remains critical that we establish a collective structure ,that would serve as the nerve centre where we would coordinate and manage all our programmes and activities as a collective. Right now we all claim to be working towards overturning the current state of the party but we work in silos and disregard and undermine each other. This behaveior and disorganisation is making our collective objective difficult to achieve and allows Mphahlele and Co enough time to complicate the damage in the party. On the legal question, I think it is hightime we set up a legal team to handle this matter and explore all the opportunities and advice on the way forward. I personally believe as party structure and members we have legal and political grounds to approach courts of law with a view to remove Mphahlele and to safeguard the interests of our movement. I know some would say legal processes are expensive. Allow me to respond in this fashion, Is it cheap to have Mphahlele on the helm of our belovered party? Is it not excessively costing us the damage Mphahlele,Skhwatsha,Maivha and others have caused in the party? Is the legacy of our founding fathers being rubbished and urinated by Mphahlele & Co so cheap? Is the life of our fallen heros who died in defence of our people and PAC not worth the few shillings we would spend on the court process to rebuild and redefine PAC? I reject this liberal and selfish thinking and would dare not entertain it at any moment. In reality it is not as expensive as we often claim. Allow me to close this part with this quote by Shakespear "Our doubts are traitors, And make us lose good we oft might win , By fearing to attempt". Lets make sure that we put pressure by all means possible to the wounded beast. Yours in socialist revolution. cde Kwame Ndebele PAYCO Secretary General visit.www.mayihlome.wordpress.com ---------------------------- Original Message ---------------------------- Subject: [PAYCO] UPDATE: PHEKO V/S LETLAPA MPHAHLELE & OTHERS From: "Hulisani Mmbara" <[email protected]> Date: Thu, August 6, 2009 12:39 To: "PAYCO GOOGLE GROUP PAYCO GOOGLE GROUP" <[email protected]> -------------------------------------------------------------------------- Dear Comrades Developments regarding the above are as follows: Letlapa applied for leave to appeal and the leave application was heard on Tuesday 04, 2009. The court declined leave to appeal. This means that the Judgemnt in the matter stands. In short, Dr. Pheko remains a member of the PAC and the Alice Constitution is null and void. This means that leadership which was elected, any activity and or/ decision of the party conducted in terms of the nullified constitution is of no force and effect, with immediate effect. The implications are that the leadership elected in Alice is officially declared illegitimate. It has been politically illegitimate all along. Furthermore, the ruling has created a leadership vacuum and crisis because the PAC has no leadership nationally and in some provinces, to the extent that such leadership were elected in terms of a nulliffied constitution. The old constitution is automaticaaly reinstated. In terms of the old constitution, only the NEC can call a congress. Therefore none of us at the moment, including Letlapa and or/ his cronies has a right to call a congress. It will take a court declaratory order to get a committee which will be impowered to administer the party, in the interim, whose ultimate brief will be to convene a congress. Any process that is not sanction by a court in view of the constitutional implications of the ruling will always be susceptible to a legal challenge, and such activity will have no prospects of successful defence. We know that Letlapa is in parliament and has tasted foreign habits of sleeping in a comfortable bed, bathing in a clean tub, access to free telephone, contituency allowances, close to a million salary, heavily subsidized accomodation..., so he will fight tooth and nail to remain in parliament. His first inclination is that because he is no longer president, his position in parliament is vulnerable and he can no longer use his power to intimidate concillors throughout the country or to reward patronage using parliamentary resources. So he will fight to remain in office, as leader of the party, solely to use this as the only guarantee to remain in parliament. All those around him will do the same beacause of fear that if their man falls, they will also fall and lose benefits they currently enjoy due to their proximity with a man, who at this point in time is in a position to behave like Father-christmas towards them. This analysis is based on the fact that Letlapa and cronies are chronic careerists who have used PAC for personal benefit. It is critical therefore that we take a solid approach, otherwise the PAC will be in and out of court forever. In this regard the issue of Transitional Authority becomes inevitable. In the meantime Letlapa may decide to clutch at straws and approach the Supreme Court of Appeal for leave to appeal. Still he will have no prospect of success. Even if he gets leave to appeal, he has a huge mountain to climb for him to secure a favourable ruling in the actual appeal. As far as we are concerned he must consider himself a dead man so to speak! Izwe lethu! Hulisani Mmbara PAYCO President 082 593 3012 Date: Wed, 5 Aug 2009 06:10:42 -0700 From: [email protected] Subject: [PAYCO] RE: Pheko vs Pac Case To: [email protected] Receive my heartfelt revolutionary greetings Forces. can anyone update us about Dr Pheko vs Pac`s Case. regards Soso Mashiloane 2010 Competitions Coordinator Tshwane _________________________________________________________________ Share your memories online with anyone you want. http://www.microsoft.com/southafrica/windows/windowslive/products/photos-share.aspx?tab=1 ------------------------------------------- South Africas premier free email service - www.webmail.co.za ------------------------------------------------------------------ For super low premiums, click here http://home.webmail.co.za/dd.pwm ------------------------------------------- South Africas premier free email service - www.webmail.co.za ------------------------------------------------------------------ For super low premiums, click here http://home.webmail.co.za/dd.pwm --~--~---------~--~----~------------~-------~--~----~ Sending your posting to [email protected] Unsubscribe by sending an email to [email protected] You can also visit http://groups.google.com/group/payco Visit our website at www.mayihlome.wordpress.com -~----------~----~----~----~------~----~------~--~---
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Dear Comrades Developments regarding the above are as follows: Letlapa applied for leave to appeal and the leave application was heard on Tuesday 04, 2009. The court declined leave to appeal. This means that the Judgemnt in the matter stands. In short, Dr. Pheko remains a member of the PAC and the Alice Constitution is null and void. This means that leadership which was elected, any activity and or/ decision of the party conducted in terms of the nullified constitution is of no force and effect, with immediate effect. The implications are that the leadership elected in Alice is officially declared illegitimate. It has been politically illegitimate all along. Furthermore, the ruling has created a leadership vacuum and crisis because the PAC has no leadership nationally and in some provinces, to the extent that such leadership were elected in terms of a nulliffied constitution. The old constitution is automaticaaly reinstated. In terms of the old constitution, only the NEC can call a congress. Therefore none of us at the moment, including Letlapa and or/ his cronies has a right to call a congress. It will take a court declaratory order to get a committee which will be impowered to administer the party, in the interim, whose ultimate brief will be to convene a congress. Any process that is not sanction by a court in view of the constitutional implications of the ruling will always be susceptible to a legal challenge, and such activity will have no prospects of successful defence. We know that Letlapa is in parliament and has tasted foreign habits of sleeping in a comfortable bed, bathing in a clean tub, access to free telephone, contituency allowances, close to a million salary, heavily subsidized accomodation..., so he will fight tooth and nail to remain in parliament. His first inclination is that because he is no longer president, his position in parliament is vulnerable and he can no longer use his power to intimidate concillors throughout the country or to reward patronage using parliamentary resources. So he will fight to remain in office, as leader of the party, solely to use this as the only guarantee to remain in parliament. All those around him will do the same beacause of fear that if their man falls, they will also fall and lose benefits they currently enjoy due to their proximity with a man, who at this point in time is in a position to behave like Father-christmas towards them. This analysis is based on the fact that Letlapa and cronies are chronic careerists who have used PAC for personal benefit. It is critical therefore that we take a solid approach, otherwise the PAC will be in and out of court forever. In this regard the issue of Transitional Authority becomes inevitable. In the meantime Letlapa may decide to clutch at straws and approach the Supreme Court of Appeal for leave to appeal. Still he will have no prospect of success. Even if he gets leave to appeal, he has a huge mountain to climb for him to secure a favourable ruling in the actual appeal. As far as we are concerned he must consider himself a dead man so to speak! Izwe lethu! Hulisani Mmbara PAYCO President 082 593 3012 Date: Wed, 5 Aug 2009 06:10:42 -0700 From: [email protected] Subject: [PAYCO] RE: Pheko vs Pac Case To: [email protected]
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