Cape Town - The DA has remained unshaken by the brewing legal action that former provincial legislature Speaker, Masizole Mnqasela has threatened to take to the Western Cape High Court.
It was made known on Monday that the party terminated Mnqasela’s DA membership, and gave him until Tuesday morning to reapply.
Mnqasela reportedly responded through a letter demanding the withdrawal of the cessation of his membership. However, this was rejected by the party following its Federal Executive (FedEx) meeting.
In a letter from Mnqasela’s attorney, Frank Raymond, sent to the DA, it was stated that they would seek relief if the DA failed to retract.
DA federal council chairperson, Helen Zille, said as far as the party was concerned, Mnqasela was no longer a DA member.
“As such he cannot hold any positions that he held as a result of being a DA member.
“We have received correspondence from Mr Mnqasela’s attorney and this is being dealt with at the appropriate level.”
Deputy Chief Whip of the DA in the WCPP, and MPP Deidre Baartman, also confirmed that Mnqasela was no longer a DA member after his request for readmission was not granted by the party.
A sitting of the House on Thursday saw a chaotic start for more than an hour, as opposition parties wanted answers on why Mnqasela was not presiding over the sitting, and if he was indeed no longer the Speaker.
House chairpersons took turns presiding over the sitting, with MPL Wendy Philander struggling to bring order when it was her turn, as MPLs heckled each other over the matter.
Office of the Speaker spokesperson, Sisonke Mlamla, said: “On advice of counsel, this office will not make any comment on the matter at this stage.
Accordingly, kindly make contact with Mr Frank Raymond who is the legal representative of Mr Masizole Mnqasela.”
It was not clear yet whether an urgent application was filed at the high court as Raymond would only say “No comment at this stage”.
The leader of the provincial opposition in the legislature, Cameron Dugmore (ANC), said not having a Speaker would “seriously” affect stability in the House.
“The provincial constitution says that when it is necessary to fill a vacancy, the provincial parliament must elect a Speaker . This election must be presided over by a Judge designated by the President of the Constitutional Court. We now know that the DA has terminated the membership of Masizole Mnqasela. He is thus no longer a member of the legislature and there is thus a vacancy,” said Dugmore.
He said as the ANC, they have suggested that the secretary of the legislature must contact Judge President Zondo who must designate a Judge.
“That is what is needed immediately. A court of law would have to pronounce that. For now the most important task is to elect a Speaker without delay,” said Dugmore.
Cape Times