Pretoria - The uMkhonto we Sizwe Military Veterans Association (MKMVA) has sent a lawyer’s letter to the ANC demanding that the outcomes of the unity conference be nullified, or face court action.
The conference was held last month in East London, Eastern Cape, and was meant to unite the two opposing sides of the ANC military veterans - the MKMVA and MK National Council.
The two organisations were disbanded by the mother body last year to pave the way for the inclusive conference aimed at uniting the governing party’s veterans.
Former MKMVA spokesperson Carl Niehaus attended the conference but was told he could not enter or take part because he tested positive for Covid-19.
Held under the unity name MK War Liberation Veterans, the conference collapsed after the MKMVA withdrew from the gathering over allegations of irregularities.
Having failed to elect leaders, the ANC’s veterans league on Sunday nominated an Interim Committee - the uMkhonto we Sizwe War Liberation Veterans Interim Committee - at a media briefing in Kempton Park, adding the committee would be in office for two years. But the MKMVA is challenging the move.
Niehaus said on May 10, MKMVA acting president, Taylor Nsimbini, wrote a formal letter on behalf of the military veterans’ national executive committee (NEC) informing ANC Treasurer General and acting Secretary-General Paul Mashatile that the MKMVA formally withdrew from the “failed so-called” all-inclusive MK unity conference. He said Nsimbini also told Luthuli House that the gathering collapsed and was rendered null and void.
Niehaus said the ANC was also informed in a letter that the MKMVA in terms of the Constitution, continued to exist through “all our legitimate and legal structures at all levels”. He said they told the governing party that it could continue to engage with MKMVA through “our” legal structures.
Niehaus said similar letters were also dispatched to inform the SA National Military Veterans Association (SANMVA), and the Department of Military Veterans (DMV) of the continuing legal existence and functioning of the MKMVA as the only legitimate association representing MK military veterans.
He said the MKMVA further noted with dismay that the ANC national working committee (NWC) “proceeded along this blatantly illegal route to express support for the illegal so-called leadership that emerged from the collapsed conference”.
“According to the ANC NWC media statement, an illegal inaugural meeting of this sham ‘leadership’ was due to be held from the 20th to the 22nd of May 2022. This is totally illegal because the ANC NWC recognises an illegal so-called ‘interim structure’ without any flimsy ‘constitutional guidelines’ and no constitution. It is truly extraordinary that the ANC NWC fails to see anything wrong with such amateurish and blatantly illegal conduct. It is also noted that comrade Paul Mashatile has not replied at all to our letter of the 10th of May 2022, where these issues were pertinently raised.”
Niehaus said following their letter to Mashatile’s office, their attorneys, Phosa Loots Incorporated, on Friday delivered a letter of demand to the effect that following the official withdrawal, and lodging of a grievance by MKMVA, the so-called all-inclusive MK unity conference collapsed and was rendered null and void.
He said the letter demands an undertaking from Mashatile declaring the so-called conference null and void, and stating that the conference and decisions taken are nullified.
Niehaus said Mashatile was given a deadline by close of business today (Monday) to furnish the MKMVA with such an unequivocal undertaking. He said the MKMVA instructed their attorneys to institute an urgent application against the ANC as well as the DMV to obtain an order to nullify the conference.
In the legal letter, the lawyers said: “It is our instruction further that our clients do not recognise and acknowledge the outcomes and/or decisions taken by the ANC in the conference subject to our client. Our client further does not recognise and acknowledge the conference in its entirety for the above mentioned reasons.”
The lawyers said they were instructed to demand an undertaking from Mashatile’s office declaring the conference null and void, and clearly stating that the conference with all the decisions taken in relation to “our client” is hereby nullified.
They said they were instructed to institute an urgent application against the ANC and the DMV to obtain an order to nullify the conference and all decisions taken in it and seek a punitive costs order should Mashatile fail to furnish MKMVA with the undertaking.
In response to the letter, the ANC, through legal adviser Krish Naidoo, said the all-inclusive MK unity conference in East London was attended by 570 veterans, representing all seven detachments constituting the various epochs of MK in its 60-year history.
“However, there is no record of your client having attended the conference. The ANC is aware that some delegates walked out of the conference on the 4th day. Since then, the ANC has had two engagements with those who walked out and some of their concerns were addressed.”
The governing party added that in the spirit of achieving unity and reinforcing President Cyril Ramaphosa’s view that the MK Liberation War Veterans should reach out to delegates who walked out, it was proposed that a further meeting be held with “your client” in order to address any further issues that preclude them from marching forward with the MK Liberation War Veterans as a single group.
“For the record, the MK Liberation War Veterans held its inaugural meeting in Johannesburg this weekend and elected its national office bears who will lead the interim National Steering Committee over the next two years.”
Niehaus said he was engaging with his lawyers to institute an urgent application against the ANC and to obtain an order to nullify the conference and all decisions taken in it.
“They allowed only 570 veterans purposely because they wanted the conference to be dominated by one faction - those who support Ramaphosa,” said Niehaus.
Pretoria News