Cape Town - The Western Cape High Court has ordered Kannaland Municipality to declare a vacancy in its council.
The municipality approached the court with a two-part application, seeking to set aside a September 20 decision by MEC Anton Bredell to inform the Electoral Commission that a vacancy had arisen in the council on account of the termination of Karoo Independence Party (KIP) speaker Rodge Albertus.
The KIP terminated Albertus’s membership in July after he allegedly interfered in the process of his wife’s recruitment in the municipality.
According to court papers, KIP reported the vacancy to acting municipal manager Ian Avontuur.
Avontuur allegedly refused to declare a vacancy, as per elections regulations, but Local Government, Environmental Affairs and Development Planning MEC Anton Bredell notified the Electoral Commission of the vacancy.
Avontuur told the court Bredell did not have jurisdiction to make the decision, but Judge Judith Cloete ruled in Bredell’s favour and slapped Avontuur with costs.
Queries sent to Avontuur and the mayor went unanswered.
“The DA in Kannaland is relieved the rule of law prevailed. We expect (Avontuur) to adhere to the ruling and declare a vacancy as a matter of urgency,” DA Kannaland constituency head Eleanore Bouw-Spies said.
“We are, however, outraged that residents of Kannaland will now have to pay for this superfluous court case. Not only will taxpayers foot the litigation costs, but also travel and overnight accommodation costs.”
Bouw-Spies alleged that Kannaland mayor Nicky Valentyn was in cahoots with Avontuur in their “plan” to not announce a vacancy.
“We demand, therefore, that the acting MM and mayor take responsibility and personally carry all legal costs. It is outrageous to expect that Kannaland taxpayers must carry these unnecessary costs,” Eleanore Bouw-Spies said.
Soyiso.maliti@inl.co.za