Court action against Bonteheuwel councillor

Forum seeks urgent interdict declaring community centre’s closure unlawful

THE Bonteheuwel Joint Peace Forum Community Action Network (JPF CAN) is seeking an urgent interdict against ward councillor Angus McKenzie in papers filed in the Western Cape High Court.

Members of the Bonteheuwel Disabled Group, led by McKenzie, stormed the gates of the Multi Purpose Centre and shut down a community care centre on August 11, which was expected to open the same week.

In its notice of motion, JPF CAN is seeking a court order to declare the closure of the community care centre invalid, unlawful, unconstitutional and of no legal force. It is also seeking to restrain McKenzie from soliciting any help from other people to interfere with the JPF’s possession and its functions at the Multi Purpose Centre. McKenzie has been listed as first respondent, along with five others.

JPF CAN legal representative Anthony Kok said McKenzie attacked women who tried to make a difference in their community during Women’s Month, amid the Covid-19 pandemic.

“These women, Nadia Mayman and Ladovica Gordon, and Derekn Tucker, a man who supported them, were persistently and continuously slandered in public on social media. This during a pandemic and during Women’s Month.

“He even proceeded to do that after having been served with official court papers in which his unlawful and illegal conduct was brought before court and to which he will have to answer,” he said.

Kok said based on screen shots from a WhatsApp group chat, McKenzie clearly stated and depicted that he was going to close the Multi Purpose Centre.

He said he “carefully planned his unlawful and illegal conduct, solicited the help of other people and then proceeded to execute his devious plan”.

“Clearly McKenzie and his accomplices formed a fixed resolve that they can do as they see fit and that the rules and law do not apply to them,” he said.

In his responding affidavit, McKenzie said the JPF CAN application was fatally flawed. He denied the allegations levelled against him.

“He said he, together with the listed respondents was not in any possession of the centre and was unable to hand over its possession.

“Neither I nor any of the other respondents did anything to deprive the applicants of their possession of any part of the centre.

“The applicants were prevented by the centre manager, Ms Rushene February from gaining access to the centre as she informed them that she would not be unlocking the doors and gates of the centre so as to enable them to enter the centre,” he said.

McKenzie said the matter was not urgent and requested that it be struck off the court roll, with costs.