Johannesburg — MOSIUOA Lekota and Mbhazima Shilowa are heading to the courts in the fight for control of the Congress of the People (COPE), of which they both claim to be legitimate leaders.

Mr Lekota wants a vote of no- confidence in him as COPE president, passed by a party gathering at the weekend, reversed. Mr Shilowa, the "acting president", is contesting a South Gauteng High Court interdict preventing elections within the party from taking place.

After the meeting had ousted Mr Lekota, Mr Shilowa, the party's deputy president, was declared acting president.

Whoever emerges victorious in court will not have won control of the party as the real battle will take place at a legitimate elective congress.

Mr Lekota disputed the legitimacy of the decisions taken at the party's weekend meeting. He wants the court to reverse the decision to remove him, made by what he calls "an illegitimate structure".

He contends that the congress national committee decided before the weekend's gathering that it would be merely a policy conference, not an elective conference.

A policy conference cannot "tamper" with leadership posts.

A spokesman for the Shilowa faction, Sipho Ngwema, said Mr Lekota had no case as the decision by the committee and the court judgment gave the gathering the same powers as a congress, except for balloting.

Mr Lekota was ousted by a show of hands after his supporters walked out. Mr Lekota and his supporters had long opposed the weekend elective conference, claiming the party was not ready and that the branch audit process had disqualified a large number of delegates. On the eve of the conference, the congress national committee agreed not to hold elections but to hold a policy conference instead.

However, the Shilowa camp lobbied delegates to overturn the decision and declare the meeting an elective conference. Mr Lekota then rushed to the courts to stop the election and was granted an interdict.

Mr Ngwema said yesterday their lawyers had filed the notice for an urgent appeal at the South Gauteng High Court -- to have the interdict overturned.

On Sunday the two camps held separate press conferences at which both men presented themselves as legitimate leaders.

COPE general secretary Charlotte Lobe said then that Mr Lekota would receive a letter informing him of his removal. Last night, Mr Ngwema said Mr Lekota and COPE communications head Phillip Dexter had been notified of their removal from their posts and from the congress national committee.

Reports claimed Mr Lekota would not be allowed to enter COPE's Braamfontein offices in Johannesburg yesterday. When the Business Day team arrived at the offices, big men in black suits -- who provided security at the weekend conference -- were at the entrance.

Party insiders said the guards were sent to prevent Mr Lekota from entering his office. But one insider said the guards were later ordered not to stop Mr Lekota as there was a large media presence outside.

COPE security head Dogo Williams said it was not usual for the guards to stand at the entrance. Mr Ngwema said the guards were there to make sure no incident took place after a "dramatic" conference.