Cape Town - The DA’s woes in the embattled Oudtshoorn municipality is continuing to escalate with the Independent Civic Organisation of South Africa (Icosa) turning to the Western Cape High Court to challenge the party’s takeover of the town’s council.
While the court battle looms, the Oudtshoorn council adopted a resolution that will pave the way for the municipality to be placed under administration on Tuesday.
Icosa filed a notice of motion in the High Court on Monday, with papers being served on the DA leadership, the newly elected DA led Oudtshoorn council and the town’s acting municipal manager, Ronnie Lottering, the same day.
Icosa’s provincial, chairman Dawid Kamfer, said the party felt duty bound to take court action because the DA had failed to honour and respect an earlier court order preventing any motions from being brought during council meetings.
“The DA must respect the courts like every other responsible citizen. The party has blatantly broken an agreement not to bring these motions of no confidence - a move they themselves initiated.
“Instead of honouring the courts, they have disrespected and broken that agreement,” Kamfer added.
In June last year the high court issued an order which stated that “members of the DA and Cope serving on the council shall not bring any motions of no confidence against the (then) incumbent executive”.
The DA officially took up office in the Oudtshoorn Municipality just over a week ago, after motions of no confidence were passed in the town’s former ANC mayor, Gordon April, and his deputy, Vlancio Donson, from Icosa.
But the DA pushed ahead, with the NPP’s John Stoffels tabling the motions of no confidence while a recently elected DA councillor Pat Waggenaar, who was not part of the previous legal battles, seconded.
The meeting then moved to appoint Wessie van der Westhuizen (DA) as the town’s new mayor with John Stoffels from the National People’s Party (NPP) as his deputy.
The ANC and their alliance partners, Icosa, walked out of the council meeting in protest against the vote of noconfidence in April and Donson.
But April and Donson are not taking matters lying down, as they turned to the courts to seek relief.
And they are asking the court to declare the motions tabled during the council meeting on July 17, which saw them being removed from office, to be declared unlawful and of no force and effect.
Icosa is also asking the court to set aside the election of the newly elected DA mayor and his deputy.
In his founding affidavit, Donson stated that the basis for the court bid was the fact that the DA and its councillors “acted in contravention of a court order” and that that all decisions taken thereafter are “invalid and unlawful”.
“I respectfully submit that the relevant terms of the (court order) is unambiguous and leaves no room for interpretation,” the affidavits states.
Referring to events leading up to the council meeting, Donson in his affidavit maintained that the DA’s contention that Stoffels and councillor Pat Waggenaar were not prohibited by the earlier court order, was incorrect.
Explaining the urgency of the matter, Donson states: “A real likelihood exists that the newly, illegally elected executive together with the DA led council will pass a resolution and or attempt to jeopardise the continuation of the matter set down in the Supreme Court of Appeal.”
This, he adds, is significant because should the SCA decide in favour of the municipality then it will have the effect that all the DA councillors will have to vacate their seats.”
The ousted executive also believes that the DA and its councillors are in contempt of court.
The matter is expected to be heard on Friday.
The DA has indicated that it will oppose the court application.
Cape Argus