Cape Town – Former Knysna mayor and fired DA
councillor Mark Willemse has scored his
first victory in his attempt to set aside
the DA’s termination of his membership.
This after the Western Cape High Court granted an interdict restraining Knysna municipal manager Dr
Sitembele Vatala, Local Government MEC Anton Bredell and the Electoral Commission of SA’s chief electoral officer from calling and setting a date for a by-election.
Willemse turned to the courts for an interdict which would allow him to remain as councillor and mayor pending the outcome of the review application to set aside the DA’s termination of his membership.
The application has been set down until the outcome of the review application to set aside the DA’s termination of Willemse’s membership, to be heard on November 18..
Willemse was stripped of his DA membership on September 30, following the outcome of a vote of no confidence in him by his own caucus.
He and fellow DA councillor Peter Myers have been in the DA’s firing line since Willemse’s appointment as mayor following the controversial axing of former mayor Eleanore Bouw-Spies in June last year by a motion of no confidence.
Approached for comment, Willemse referred questions to his lawyer, Stefan Hill, who said yesterday: “Mr Willemse achieved the desired outcome in terms of the court order, as he is now afforded the opportunity to challenge the constitutionality of his termination by the DA.
"The review will now be dealt with on an expedited time line to ensure that no harm can fall on the ward continuance or the municipality as a whole.”
DA spokesperson Odette Cason said the party noted the court interdict and would await the outcome of the court’s hearing on the matter. Bredell’s spokesperson, James-Brent Styan, said the MEC would file a notice to abide by the court decision.
Knysna Municipality spokesperson Christopher Bezuidenhout said the provisions of section 56(6) of the Municipal Structures Act now kicked in, which meant that the deputy mayor assumes all powers and duties of an executive mayor.
Knysna DA constituency head Dion George said: “He (Willemse) wanted to remain as mayor and councillor until part B (the review application) is heard, but we argued against that and won.
"Part B is about the recall clause that we evoked to fire him. We had already agreed to postpone filing the vacancy, so that was fine.”