CAPE TOWN - Rapist and ousted Kannaland mayor Jeffrey Donson suffered another blow when the Western High Court dismissed his bid to set aside his removal from his position.
Donson, axed deputy mayor Werner Meshoa and councillor Hyrian Ruiters launched an urgent application on Tuesday following their removal through a motion of no confidence recently.
The motion was put to the vote and four out of seven councillors had voted in its favour.
Following their removal, councillor Nicolaas Valentyn took over the position of executive mayor, with Leonie Stuurman as the deputy mayor and Rodge Albertus as the new Speaker.
But Donson, Meshoa and Ruiters launched the application on an urgent basis challenging their dismissals.
They sought to have all resolutions taken at the special council meeting suspended and to be reinstated to their positions pending the relief sought.
They also wanted the special meeting where they were removed to be reviewed and set aside, including all decisions taken.
The new executive cited as respondents opposed the relief sought, saying that due to the short notice, they were not in a position to file answering affidavits.
Judge Andre Le Grange took issue with time provided to the respondents to prepare their application.
“In my view to allow respondents less than five hours to file their answering papers clearly amounts to a grave injustice as the urgency was self-created by the applicants.
“Having regard to the issues underpinning this case, it is evident the applicants can obtain substantial redress in due course. It follows that this matter lacks urgency,” Le Grange said.
The judge has said even if urgency is deemed present, the applicants on their own failed to make out a case for interim relief and it was quite clear on the papers that politically the applicants have been “stabbed by their own alliance partners”.
In the absence of any prima facie right even open to some doubt, he dismissed the application.
“It is obvious that the facts in this matter do not allow me to exercise my judicial discretion in favour of the applicants,” Judge Le Grange said.
Valentyn welcomed the decision, saying: “We feel vindicated by the court's judgment in rejecting the desperate attempt by Icosa to hang onto power. The people of Kannaland are the real winners in this case. Icosa must accept that they are no longer in power in Kannaland.”
Donson said: “I will ... wait for our legal representatives for further advice, hopefully before Icosa's national executive committee meeting over the weekend.”