Hans-Jurie Moolman, a DA councillor from Tlokwe in Potchefstroom, is the instructing attorney for 35 small political parties that are threatening the IEC to force a rerun of the election.
The DA is not part of the legal action and the party has told News24 that Moolman is conflicted by acting for the small parties.
Moolman is a Potchefstroom-based attorney and part-time councillor for the opposition.
His firm, Moolman and Pienaar Incorporated, wrote to the IEC earlier on Friday, demanding that an independent firm audit cases of double voting and other alleged election irregularities.
READ: 'We are going to court' - smaller parties want an election rerun
Moolman has given the IEC until 11:00 on Saturday to appoint an independent audit firm to conduct an audit of the election, or it will pursue further legal steps which may include a court interdict to prevent the election results from being released.
Moolman told News24 he was not conflicted by acting for the parties because he was an attorney outside of being a DA councillor.
"I am acting as an attorney, not on behalf of the DA. I also acted for the Tlokwe independents previously," he said. Forum for Service Delivery (F4SD), one of the applicants in the case, was his instructing client, Moolman said.
Moolman said he didn't inform the DA of his intention to act for the parties, but the party is now aware thereof.
James Selfe, the DA's federal executive chairperson, told News24 the party was currently in discussion with Moolman because they believed he was conflicted.
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"This is an issue for the DA. He has maintained that he is just advising, not acting, for them, but we think this is just a matter of semantics. This is a very real problem.
"It is not in the DA's interest for the election to be delayed or for any of the demands of the tiny parties to be acceded to. We believe the party's strategic interests are compromised by his interest in the case," Selfe said.
The IEC announced on Friday night that the country's Statistician-General has identified 1 020 voting stations that will form part of a sample to investigate alleged double-voting.
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