Cape Town - Three former DA officials from the Swellendam Municipality, the latest black members to be forced out of the party, have threatened court action challenging the constitutionality of their suspension from the party.
The trio said they were ostensibly axed for trying to improve the municipality’s employment equity, but DA Federal Council chairperson Helen Zille said they had violated the party’s key clauses, which ceased their membership.
Former speaker Bongani Sonqwenqwe, deputy mayor Abraham Pokwas, and councillor Gcobisa Mangcu-Qotyiwe who were notified of their suspension last month by Zille, allege that the termination of their membership came after they did not abide by a caucus decision to hold back on advertising for the appointment of a director for corporate services at the municipality.
With the members no longer holding office at the municipality on behalf of the party, municipal manager Anneleen Vorster last month declared their positions as vacancies to the IEC.
Further to this, with the two vacancies in ward 2, the party last week called for the nominations of candidates, which are due tomorrow.
The trio are the latest DA members to have their membership terminated in the province.
Former Western Cape legislature speaker Masizole Mnqasela’s membership was also terminated by the party in November over allegations he breached the party’s rules. He approached the court on the basis that his membership termination was unlawful. The case is ongoing.
Following in Mnqasela’s footsteps, the trio confirmed that they were seeking legal advice to challenge the constitutionality of the DA’s cessation clause, which they described as inconsistent with the principle of natural justice, the audi alteram partem rule, and the Constitution of the Republic of South Africa.
They want their membership reinstated and the letter of cessation of membership by the DA declared null and void, invalid, unlawful and unconstitutional.
Sonqwenqwe said their insistence to advertise the post presented an opportunity to address serious shortcomings in the employment equity of the management structure in Swellendam.
He said they had a responsibility to address the imbalances of the past, adding that this was articulated by the DA Values Charter.
He said while he did not want the matter to reach the courts, he acknowledged that there was no alternative. He expressed confidence that the courts would deal with the matter fairly and ensure that their membership was reinstated “soon”.
Referring to the “problems” and “transgressions” done by the current mayor and DA member Francois du Rand at the municipality, which led to them approaching the party for a motion of no confidence to remove him, Pokwas said the party ignored these and instead Zille sent him an email instructing withdrawal of the motion and for the caucus to make peace.
He said this showed no equality within the party.
Mangcu-Qotyiwe swore to do anything and everything to protect her dignity.
Zille however said the trio’s statement was biased, placing their conduct in a favourable light without giving the other side of the story.
Although she could not specify the reason(s) behind the termination of their membership, she insisted that “no one was terminated”.
Zille said the trio ceased their membership by violating key clauses in the DA’s constitution, which she said gave effect to immediate cessation.
She said cessations were confirmed by the Federal Legal Commission and she followed its advice to the letter.
Mthuthuzeli.ntseku@inl.co.za