Embattled Knysna mayor Mark Willemse will be in court in two weeks time to challenge the legality of the recall clause the DA put in place at the height of its fight to oust Patricia de Lille.
Now with the same clause used to strip him of his membership, council and mayoral seats, Willemse has approached the Western Cape High Court to have the decision overturned.
He was granted a reprieve by the court interdicting the council from calling a by-election to replace him.
Willemse has faced two unsuccessful motions of no confidence since he became mayor in June last year, and a disciplinary hearing that found him guilty, but which he won at appeal.
His lawyer Stefan Hill said they had requested two judges preside over the matter when it was heard on November 18 - the day after the party elects interim leadership to replace former leaders Mmusi Maimane and Athol Trollip.
In his court documents, Willemse questions the legality of the recall clause, calling it an attempt to transfer the motion of no-confidence procedure to a party’s internal structures.
“As mayor, I am no longer held accountable to the voters who elected the councillors for the Knysna Municipality; rather my tenure is dependent on the wishes of a majority of the DA’s local caucus and it’s federal executive,” reads his court document.
Provincial leader Bonginkosi Madikizela said while he could not comment on the legalities of the recall clause, the matter affected the party and created the perception of instability and infighting within its ranks.
“The party has served Willemse with divorce papers. He can fight it all he wants, but he has shown he is not committed to serve the party. We will wait for the outcome of the court process, but (Willemse) has behaved in a way that suggests he does not respect the party and because of that the relationship is irreconcilable,” he said.
On the special federal council meeting, Madikizela said while delegates didn’t vote in blocks, he would be nominating MEC for Agriculture Ivan Meyer to replace Maimane.
“He has experience, understands the dynamics of the party and has led the party in the province and is now deputy chairperson of the federal executive. He has all the qualities one needs to take the party forward.”