Election of top brass unlawful

GRAAFF-REINET NEWS - The High Court in Makhanda set aside the unlawful election of the Dr Beyers Naudé Local Municipality mayor, Willem Safers, and chief whip, Thembekile Spogter, on Tuesday, as well as the unlawful adoption of the budget by the ANC and Compatriots of South Africa (CSA).

The court declared both processes in contravention of relevant legislation and the constitution.

This follows after the budget was passed by the ANC (11 votes) and CSA (1) at a Special Council Meeting on 21 June even though a majority vote of 13 was required. At the time, the DA, EFF and FF+ abstained from voting after raising serious concerns regarding the budget.

They also made it clear that they cannot vote on a budget that has not been tabled by a legitimately elected mayor.

"Following the decision of coalition partners ANC and CSA to blatantly ignore legislative requirements for the election of office bearers and the adoption of a budget, the DA was left with no option but to go to court to enforce the rule of law," stated Samantha Graham-Maré, MP, Dr Beyers Naudé constituency leader.

Taxpayers fund costs
"The DA was vindicated when the High Court set aside these unlawful decisions. It is unfortunate, however, that the residents of the municipality will carry the costs of this court application as the municipality was instructed to pay the costs. While the DA is pleased with the outcome, the fact remains that the speaker, CSA Cllr Cheslin Felix, opted to ignore the law and acted against the advice of the DA caucus to put the ANC back in the mayoral seat.

This self-serving action has cost the ratepayers of this municipality a large amount of money which could have been better spent on service delivery," Graham-Maré said.

The DA will now submit another motion for the removal of the speaker.

"We will not allow one individual to behave as he sees fit and discard our constitution and the rule of law, and waste taxpayers' money in the process. Unless Cllr Felix is called to order, this kind of behaviour is going to go unchecked and he will continue to act to the detriment of the people of Dr Beyers Naudé," she said.

DA Cllr Ewald Loock expressed his sincere gratitude towards his party for fighting for what is right and towards Graham-Maré who was the driving force behind this court application.

"I am extremely grateful towards my colleagues and, in particular, towards FF+ Cllr Riaan van Heerden and EFF Cllr Tracy Plaatjies who continued to support the DA throughout the entire process. The DA's victory in court is a victory for democracy." In effect, the court order, in this case, requires that the process of electing a new mayor and chief whip will have to be recommenced and the budget will have to be re-tabled for consideration by the council.

'Down tools' allegation
Graham-Maré says they are aware of the allegation that, in response to the order of the High Court, municipal operational staff were instructed to down tools from Wednesday 13 July. "We find it absolutely shocking. It is clearly an act designed to turn people against the DA. We are going to try and get it addressed urgently."

FF+ Cllr Riaan van Heerden condemned the alleged response. "It is totally inappropriate and can be seen as a vendetta against the coalition (DA and FF+) and the EFF as opposition parties."

A request for comment was sent to the ANC, CSA and the Dr Beyers Naudé Local Municipality and responses will be published as soon as it is received.

Samantha Graham-Maré, MP - Dr Beyers Naudé constituency leader