Northern Alliance factional battle to be waged in court on Friday
Former Northern Alliance Nelson Mandela Bay councillor Bevan Brown is challenging his expulsion in court, demanding that the organisation holds its overdue congress to elect a new leadership.
The matter was expected to be heard in the Gqeberha high court yesterday but was postponed to Friday to allow party president Gary van Niekerk to amend his answering affidavit.
Van Niekerk is cited as the fourth respondent.
Nkontso & Co Attorneys lawyer Siviwe Nkontso, who represents Brown, said the matter was opposed by Van Niekerk yesterday.
“As such, the court afforded our client an opportunity to file replying papers.”
He said Van Niekerk was expected to file his supplementary answering affidavit by midday today, and thereafter Brown would file his replying affidavit tomorrow.
Nelson Mandela Bay councillors — including FF Plus councillor Bill Harington, the UDM’s Luxolo Namette and GOOD’s Lawrence Troon — sat in the public gallery to support Brown.
Brown has been at odds with other Northern Alliance leaders after he openly opposed the party’s stance on a proposed change of government in the city.
He was later found guilty of several transgressions after a disciplinary hearing was held by the party on May 2.
However, this led to a parallel structure of the Northern Alliance suspending Van Niekerk after a meeting with branches was called on May 11 to deliberate on four alleged transgressions on his part.
A letter to Van Niekerk, signed by three expelled NA members — former national chair Brown, Oswald Prince and David Peterson — and others, states that he has been recalled as a councillor pending a disciplinary hearing.
Van Niekerk was not present in court yesterday, but was supported by party general secretary Vasu Padayachy.
Speaking to The Herald outside court, Padayachy said they had until noon today to amend their papers.
“Remember, because of the time constraints and the fact that they actually never served documents on us, we had little time to prepare opposing documents.”
He said they filed a replying affidavit but the judge granted them additional time to amend it if need be.
“There may only be minor changes,” he said. “We were under serious pressure to submit the initial one by this morning because we only found out about the case yesterday.”
Included among the issues expected to be dealt with by the court on Friday is Brown’s application, which relates to interdictory relief sought against the Electoral Commission of SA and city manager Noxolo Nqwazi, preventing them from filling the vacancy declared in council after Brown was removed.