Africa-Press – South-Africa. The Western Cape High Court has set aside the suspension of two ANC councillors in Kannaland, declaring it unlawful.
The court made its ruling on Monday after the recently-appointed Kannaland mayor, Nicolaas Valentyn, and his deputy, Leoni Stuurman, challenged their suspension from the party, after they went into agreements with other parties without a mandate from the ANC.
In January, Valentyn and Stuurman were sworn in after a motion of no confidence was passed against Independent Civic Organisation of South Africa’s (Icosa) convicted rapist and former mayor Jeffery Donson and his former deputy, convicted fraudster Werner Meshoa.
Valentyn and Stuurman approached the high court after being served with suspension letters and challenged their suspension internally. Their party membership had also been terminated.
Last month, the ANC in the Western Cape indicated that it had instituted disciplinary proceedings against Stuurman and Valentyn.
The court found that, according to the available evidence, at the time the decisions to suspend and later to terminate were made, Stuurman and Valentyn were not aware that, despite being informed the findings were subject to internal appeal, the Electoral Commission of South Africa (IEC) would effect the declaration of vacancies.
“The ANC had also not responded to their request of 2 February 2022 to lift the termination of their membership and revert to their suspended status.
“It was confirmed at the hearing before me that there remains no mayor or deputy mayor in the municipal council. It has furthermore not been suggested that the relief sought by the applicants is impossible or prejudicial to the municipality or its residents,” the ruling said.
The court further ruled that the decision of the ANC to terminate the membership of both Stuurman and Valentyn was unlawful and set aside the decision.
The ANC said last month that a new vacancy process would be reopened, which would be declared by the IEC.
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