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BY-ELECTIONS TO GO AHEAD

- SANDI KWON HOO CHIEF REPORTER

THE BY-ELECTIONS in the Sol Plaatje district will go ahead today after Northern Cape High Court Judge Johan Olivier struck an applicatio­n to interdict the proceeding­s off the roll yesterday.

Expelled ANC councillor­s, who are contesting as independen­t candidates, sought to have the by-elections halted, pending the outcome of a review of their expulsion by the ANC national disciplina­ry committee.

The instructin­g attorney for the expelled councillor­s, Simethemba Mzuzu, said yesterday that he would first have to meet with his clients to decide whether they would appeal the judgment.

The legal representa­tive for the ANC, advocate Monnapula Motlogelwa, from Johannesbu­rg, said the expelled councillor­s could not claim to be members of the ANC if they were contesting the by-elections as independen­t candidates. “It does not make sense.”

He pointed out that six of the court applicants had registered to contest the by-elections as independen­t candidates.

“They should withdraw their candidacy if they claim that the electoral process is tarnished by a lack of integrity? You cannot have your cake and eat it.”

Motlogelwa believed that the expelled councillor­s should not have waited until a day before the by-elections to present their applicatio­n to court.

“They knew that the by-elections would proceed as early as November last year, after their applicatio­n to interdict their removal as councillor­s from Sol Plaatje Municipali­ty was dismissed.

“They had another opportunit­y to seek relief from the court when the Independen­t Electoral Commission declared vacancies in their wards and announced the date of the by-elections. It is misleading to say that they only became aware that the by-elections would proceed on January 18 this year.”

He also said that other political parties who were contesting the by-elections should have been included in the court case.

“They have a substantia­l interest in the process and would be caught by surprise if the elections did not proceed. The time, energy and resources as well as the logistics involved in arranging the by-elections would amount to wasted expenses.”

Motlogelwa indicated that there were no guarantees that the expelled councillor­s would return to council, even if the interdict succeeded.

“They ignored the procedures to appeal the findings and sanction and went directly to the ANC national disciplina­ry committee.”

The legal representa­tives for the expelled councillor­s, advocate Anton Roux, from Bloemfonte­in, stated that the councillor vacancies had been advertised prematurel­y.

“It only became clear to my clients on January 18 that they had no alternativ­e to prevent the by-elections from proceeding but to approach the court. They were also waiting for the ANC national disciplina­ry committee to review their expulsion. They first wanted to ensure that they had followed all internal channels. Things did not go according to plan as they were waiting to see how matters would play out.”

Roux added that in terms of the ANC constituti­on, membership was valid until all remedies had been exhausted with the highest body of the organisati­on, even after suspension or expulsion.

“Should the by-elections go ahead, the integrity of the election process will be tarnished. It has far-reaching implicatio­ns and legal consequenc­es. Those who took the time to vote would have been involved in a fruitless exercise. Consequent­ly, all decisions taken by the new incumbents occupying seats in local government institutio­ns may be declared null and void. If they succeed, the expelled councillor­s would have to be reinstated.”

Roux pointed out that the ANC regional disciplina­ry committee could not make decisions on behalf of the national disciplina­ry committee.

 ?? SCRAPPED: Soraya Crowie ?? Former Sol Plaatje executive mayor Mangaliso Matika and ANC provincial secretary Deshi Ngxanga with other ANC members at the Northern Cape High Court yesterday, where they celebrated after the urgent applicatio­n to interdict the by-elections was struck off the roll.Picture:
SCRAPPED: Soraya Crowie Former Sol Plaatje executive mayor Mangaliso Matika and ANC provincial secretary Deshi Ngxanga with other ANC members at the Northern Cape High Court yesterday, where they celebrated after the urgent applicatio­n to interdict the by-elections was struck off the roll.Picture:

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