CAPE TOWN - The Western Cape High Court has set aside the suspension of Kannaland mayor Nicolaas Valentyn and his deputy Leoni Stuurman by the ANC.
Valentyn and Stuurman were suspended by the party for allegedly entering into agreements with other parties “without a mandate from the ANC”.
Their party memberships were also terminated.
The councillors were sworn into the leadership positions in January after a motion of no confidence was passed against Independent Civic Organisation of South Africa’s (Icosa) convicted rapist Jeffery Donson, and Werner Meshoa, who was convicted of fraud.
The Electoral Commission of South Africa (IEC) said it had proceeded in filling the vacancies as required in terms of the Municipal Structures Act after they were suspended “on receipt of a notification of the vacancies from the office of the municipal manager”.
Acting Municipal Manager Morne Hoogbaard confirmed he had notified the IEC to fill the vacancy after the ANC informed him in a letter that the councillors had been expelled for failing “to adhere to the instruction of the party”.
Valentyn and Stuurman approached the courts to challenge the suspension. In its judgment on Monday, the court found that at the time the decisions to suspend Valentyn and Stuurman and to later terminate their memberships were made, they were not aware that the IEC would affect the declaration of vacancies.
“The ANC had also not responded to their request of February 2 to lift the termination of their membership and revert to their suspended status,” the court papers read.
“This is apart from the loss of salaries to the applicants as a result of the decision taken by the respondents.
“It is not disputed that there is ongoing uncertainty in the municipality concerned, especially with regards to the filling of the positions of mayor and deputy mayor, as well as the identity of the incumbents thereof.
“Lastly, considerations of the rule of law and service delivery cannot be overlooked in this matter.
“After all, the lawful timing of the municipal council should be prioritised to ensure effective service delivery,” read the papers.
The court ruled the ANC’s decision to terminate Valentyn and Stuurman’s membership was unlawful and that the decision be set aside.
Valentyn said they welcomed the judgment.
“The reason for approaching the court is to ensure that my disciplinary hearing is fair, without prejudice, and to embark on my rights that are constituted in the ANC’s constitution,” he said.
ANC head of communications Sifiso Mtsweni said they were still studying the judgment on Wednesday.
“We are still studying the contents of the judgment, which in the main says that there are procedural lapses on our part.
“At the appropriate time we will take the necessary steps,” Mtsweni said.
Cape Times