Cape Town - If the former Western Cape Legislature speaker, Masizole Mnqasela, has his way in his Western Cape High Court application challenging the DA’s termination of his membership which led to his losing his job, newly elected speaker Daylin Mitchell could be suspended.
Mnqasela’s court application said that while he maintained in his case that there was no vacancy in the speaker’s office, in the event of a new speaker being elected, as happened on Monday, the holder of the office should be suspended pending the determination of the case.
Mnqasela has targeted the provincial legislature’s top three offices – speaker, deputy speaker and secretary – in his case, set to be heard tomorrow.
Reacting to this application, the holders of the three offices have filed their notice to oppose Mnqasela’s application and have appointed State Attorney Arnelle Marsh-Scott to represent them in the matter.
In Mnqasela’s founding affidavit, Deputy speaker Beverley Schäfer is cited in her official capacity ”by virtue of her obligation to swear in the person nominated by the party (DA) to fill the alleged vacancy”.
Mnqasela has sued Secretary Romeo Adams in the light of the legislature’s resolution on December 1 authorising him to act for the House in any litigation in which the legislature is cited.
Asked if the three officers would share their affidavits or arguments for the court, legislature spokesperson James Retief said: “The arguments and documents are part of an ongoing court process, and it would be inappropriate to, at this stage,.”
Meanwhile, ActionSA Western Cape provincial chairperson Michelle Wasserman has urged speaker Mitchell to urgently implement the recommendation made in the State Attorney’s report on his deputy, Schäfer.
“Specifically, that the speaker… must recover the fruitless and wasteful expenditure amounting to R158,297.86 from the Deputy speaker.”
On this issue, DA legislature caucus leader Alan Winde on Monday said: “The case relating to the deputy speaker was reported directly to the provincial legislature and has therefore been before a multi-party committee, which includes the ANC.
The matter will be reported to the house and I will… inform the party of the findings of the committee.”