“Little prospect of success”
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Drewan Baird. Oudtshoorn. 17 May 2014. 07h00. The Constitutional Court yesterday ruled that speaker Stoffels’s application to set aside the Supreme Court of Appeals rejection of his revocation of the voting rights of DA councillors Pierre Nel and Ben van Wyk had little prospect of success and therefore rejected the application.
Stoffels’s legal battle in this matter is now ended.
Nel and Van Wyk have their voting rights reinstated with immediate effect.
Also yesterday it became clear that the matter of the 11 councillors removed by operation of law on February 28 will no longer be heard on may 21, but be postponed by agreement between the parties. The matter of the similar removal of DA councillor Jurie Harmse on April 17, also need to be addressed.
It is a sad reality that all this activity should have – and could have – been avoided if the DA simply acknowledged on May 31 last year that it acted in breach of the law in it’s failed attempt to take control of council on that day.
No court action would have been necessary… and on September 10 last year Judge André le Grange ruled the May 31 impugned meeting illegal and voided all subsequent decisions by the illegitimate soi disant “Council” arrogated by the DA / Cope Coalition, and awarded costs against the DA, and the DA and Cope Councillors.
All the unfortunate rest is now a matter of expensive history to be settled in the present.
Then, of course, there is the little matter of the fraud perpetrated by the “DA Government” in the Nel Settlement. This “settlement” remains the reason for the revocation of the voting rights of Nel and Van Wyk and the matter could have been resolved even before it was heard in the Western Cape High Court.
As Judge Ashton Schippers found, on November 12 last year, the meeting of September 20, when the DA walked out in protest of the suspension of the voting rights of their councillors Pierre Nel and Ben van Wyk – by council resolution! – was the culmination of a chain of events started by the DA’s illegal actions on May 31.
It all goes back to the silly-buggering of the DA on May 31 last year… and the fraudulent Nel settlement.
DA MEC for local government Anton Bredell must still act on Nel and van Wyk – he has not attended to the speaker’s finding of fraud and elected rather to go to court in an application dismissed by Schippers on the grounds that the MEC lacked locus standi.
But Bredell rules not against his own. Take Wessie van der Westhuizen, for instance. Bredell dismissed the Eden council’s – A DA council, mind! – recommendation to remove Van der Westhuizen on grounds argued by a legal pundit from “the opposite side”!
“Bias” and the shirking of “the rules of natural justice” saved Van der Westhuizen.
And Bredell’s absolute inaction has saved Nel and Van Wyk.
What a vertiginous wet. What a woozy.
With the DA now sporting 12 councillors in standing good enough for Botching Bredell, it is widely expected that the DA will muster one of its xyresic attacts on the chamber.
Twelve? Or is it 11? Or ten? Is it even, perhaps, only nine!? And where stands Cope? What does the DA not tell its local supporters?
Only one question remains: Just how consummately will the DA foul it up this time? Have we really already seen the true low of DA incompetence, or are we still to be treated to the nec plus ultra of crackbrained strategy and feckless tactic?
That unfortunate political has-been, Jac Bekker, acknowledged to the business chamber on Friday that the DA did, in fact, make mistakes. Maybe, just maybe, during these last four days of a political career in retrospective shambles, Bekker has unwittingly hit upon some velleity of escaping insight.
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