Legal action taken against Bredell

PLETTENBERG BAY - The ongoing battle for Bitou took yet another turn, this time in the form of legal action against the Western Cape MEC for local government Anton Bredell for not suspending former mayor Peter Lobese.

Bredell's department confirmed to Knysna-Plett Herald that an application had been instituted relating to Lobese's suspension, but as the matter was still pending and therefore sub judice, it did not want to comment on the facts of the case. "Depending on legal advice, the determination will be made as to whether he [Bredell] intends to oppose the matter," head of the department's communications Rowena van Wyk said.

It is unclear whether the application was brought by the municipality or certain councillors. Municipal Manager Lonwabo Ngoqo failed to provide clarity on the matter before KPH went to print. It is believed that the matter relates to a request by Bitou Speaker Euan Wildeman that Bredell should suspend Lobese following the opening of a criminal case against Lobese over alleged corruption, fraud and racketeering. Bredell's department however stated that in terms of the Municipal Systems Act, the municipal council is responsible for disciplinary proceedings against a councillor accused of contravening the Code of Conduct. Only once this process has been completed can the MEC move to suspend a councillor. According to the department, this process had not been completed.

The latest move is just one of many political shots fired within the Bitou council over more than three months, sparked by a unanimous vote of no confidence in Lobese in April.

Lobese thereafter became a PR councillor, after which he and the DA councillors attempted to take over the ANC-run municipality last month by electing DA Caucus Leader Bill Nel as mayor. The election took place during a special council meeting attended by only the DA councillors and Lobese, which represented the majority of councillors as the DA has six seats in council, the ANC six and the AUF one. Lobese joined forces with the DA. Following this decision the battle first went to court when the ANC challenged the election. The court ordered that among others, Nel's election as mayor was null and void and ordered a special council meeting for a re-election on 8 June. The court also ordered that the election of mayor should be the first order of business, but during the meeting Wildeman first moved to suspend Lobese, referencing a criminal case against him. This blocked Lobese from voting for a new mayor, which led to a split vote between the DA candidate, Nel, and the ANC candidate, Deputy Mayor Sandiso Gcabayi. Following this, the DA approached the court and asked to declare Lobese's suspension unlawful as proper disciplinary procedures had not been followed.

The court found in the DA's favour on 1 July and ordered Wildeman to convene a meeting for the election of a mayor on

9 July, failing which a majority of councillors should convene the meeting. Wildeman failed to convene the meeting, leaving the rest of the councillors to do so, but when they arrived at the council chambers, the keys had mysteriously gone missing. The meeting was moved to the councillors' offices in Seawitch Street, but before it could take place they were informed that the ANC councillors had applied to appeal the court order. Consequently the provisions of the 1 July order were suspended.

Following this, it was revealed that legal action is now being taken against Bredell.