Disbanded KZN SACP PEC Ropes In Lawyers to Fight Central Committee Decision in Court

SACP
LEGAL ACTION: The SACP has been threatened with legal action for disbanding the PEC in KwaZulu-Natal. Photo: SACP
LEGAL ACTION: The SACP has been threatened with legal action for disbanding the PEC in KwaZulu-Natal. Photo: SACP

The disbanded Provincial Executive Committee (PEC) of the South African Communist Party (SACP) in KwaZulu-Natal has turned to lawyers to overturn the Central Committee’s (CC) decision.

The provincial structure has since roped in Modidima Mannya Attorneys to challenge the matter internally with the CC, stating that it will seek redress in the country’s courts if necessary.

This is contained in a letter dated 11 December 2025, addressed to Solly Mapaila, the General Secretary of the communist party and Professor Blade Nzimande, the national chairperson.

In the letter, the PEC contends that the CC erred in its decision and must reverse it, or face legal action. It further challenges the disbandment on the basis that provincial structures are in disarray and not ready for next year’s local government elections.

“As you are aware, the PEC is an elected structure in terms of the Constitution of the SACP and the PEC which the PB purports to dissolve was elected as such and properly constituted. As you are also aware, KZN is by far the largest province with the most membership. This alone demonstrates the extent of the functionality of the PEC. The various reports also amply demonstrates that the PEC in fact fulfils its constitutional mandate and responsibilities.

“As a matter of fact, and law, neither the PB (politburo) nor the CC has conducted any analysis or assessment which justifies any decision to intervene in the manner the PB has intervened never mind the fact that the PB does not in law have any such powers in terms of the constitution of the SACP.

“Even if the PB had such powers (which is denied) the PB is obliged in law to follow due process when acting in the manner it did. On the contrary reports show that the PEC and the province has been performing well,” reads the letter.

The CC has been given until 8 January 2026 to reverse the decision and disband the interim task team that was appointed last month.

“In the premises, we are instructed to inform you that the decision to disband the PEC is unlawful and unconstitutional. Similarly, the decision to appoint an interim structure in the stead 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 that 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 8 January 2025, failing which we will proceed without further reference to you.”

The national spokesperson of the SACP, Mbulelo Mbadlana, had not commented when this report was compiled.

Author

African Times
Exit mobile version