Embattled Shilowa can stay in the house

National Assembly Speaker Max Sisulu has rejected a decision by COPE president Mosiuoa Lekota to expel his rival, Mbhazima Shilowa, as an MP.

In a statement released last night, Sisulu said his office was not in a position to accept Lekota's decision to axe Shilowa.

This comes after Lekota wrote to Sisulu's office on Tuesday informing him that Shilowa had been fired as COPE MP and party member.

On the same day, Shilowa also wrote to Sisulu to tell him that his expulsion by Lekota had no standing.

The two men have been fighting a bitter leadership battle with both claim to be the presidents of the fledgling party. Shilowa bases his claiming for leadership on a December elective conference, which, he said, elected him COPE leader.

But the Lekota faction has rejected this assertion. The Lekota faction also proceeded with a disciplinary hearing against Shilowa, culminating in his expulsion.

According to Sisulu, parliament cannot effect the expulsion of a member of a party if that member has indicated that he/she will challenge the decision internally or will take the matter to court.

"The affected person may indicate to the Speaker whether there are any internal processes or court processes that would suspend the loss of membership and thus the implementation of the expulsion and its consequences," said Sisulu in a letter to both men.

Nikiwe Num, general-secretary of the Shilowa faction of COPE, has written to parliament to indicate his expulsion has no mandate in their eyes.

The Speaker said as a result of a lack of clarity on the matter, Shilowa remained a member of parliament and will be allowed to attend the state of the nation address this evening.

Shilowa's spokesman, Sipho Ngwema, said parliament had vindicated their position that Shilowa's expulsion is not legal.

Neither Lekota nor his spokesman, Philip Dexter, could be reached for comment.