Court sets aside Western Cape councillors removals

2014-08-27 20:23
(Shutterstock)

(Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town - A decision to remove 12 councillors from the Oudtshoorn municipality was set aside by the Western Cape High Court on Wednesday.

Judge Owen Rogers heard two applications in the beginning of August by the DA, Cope, and councillors of both parties.

The respondents included the municipality, its five ANC coalition councillors who formed a disciplinary committee, the acting municipal manager, and the council's speaker.

Rogers set aside the disciplinary committee's decision in February to remove the DA and Cope councillors from their seats because they allegedly missed three consecutive council meetings.

He found they had remained members of the council at all times.

The municipality and the Electoral Commission of SA were interdicted from calling for or holding by-elections in respect of those councillors' seats.

The municipality has been fraught with instability and power struggles between separate coalitions by the ANC and the DA.

Rogers found that only Local Government MEC Anton Bredell had the power to remove councillors.

"The conclusions and recommendations of a disciplinary committee or council do not have an interim effect; councillors may not be lawfully suspended by a committee or council pending the MEC's decision," he said in his written judgment.

The municipality was ordered to pay the costs of the applicants.

Bredell welcomed the judgment on Wednesday, saying adherence to the constitution and rule of law was non-negotiable.

"It is time that democracy starts winning in Oudtshoorn. I expect that the minority coalition in Oudtshoorn will this time abide by and respect the decision of the high court," he said.

"In my view it's now time that the council concentrates its energy on upholding democracy and the will of the residents of Oudtshoorn whom they have been elected to serve."

Rogers indefinitely postponed an alternative prayer for an order of constitutional invalidity.

Read more on:    cope  |  da  |  anc  |  cape town  |  politics

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
2 comments
Comments have been closed for this article.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

PARTNER CONTENT
WATCH: How education can change a life

A university education gives students the chance to create a better future for themselves, their families and to opportunity achieve their dreams.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.