Helen Zille strikes again - this time in Swellendam
Just like Masizole Mnqasela, the Swellendam trio contemplates heading to court with Helen Zille and the DA
7 January 2023
Helen Zille terminated the membership of Speaker, Deputy Mayor and one other councillor in Swellendam which effectively terminated the positions the trio held in the Swellendam municipality.
In December 2022, Abraham Pokwas, Bongani Sonqwenqwe and Gcobisa Mangcu-Qotyiwe were notified by Helen Zille that their membership had been terminated - this apparently because they did not abide by a caucus decision to hold back on advertising for the appointment of a director for corporate services in the Swellendam municipality. A position catered for in the budget and the staff establishment organogram for the municipal administration.
The now-unemployed trio has confirmed that they are in the process of seeking legal advice and will in all likelihood take the matter to court to challenge the constitutionality of the DA's cessation clause. According to them, the clause is inconsistent with the principle of natural justice, audi alteram partem rule and the constitution of the Republic of South Africa.
Many in the DA believe that some individuals within the party have weaponised this clause to get rid of those who hold differing political ideas, public representatives who do not sing to the tune of certain cabal within the party. Many public representatives are now fearful of what the future hold for them within the party and saying "if this can happen to Masizole Mnqasela who has been with the party for more than two decades, it can happen to any of us. Also, it's unfair to back-pedal, totally out of the blue, and abruptly terminate someone's membership when you do not get your way in a disciplinary hearing. The very same disciplinary hearing that you-yourself initiated."
Similar to myself, the Swellendam trio all want their membership reinstated and the letter of cessation of membership by the DA declared null-and-void, invalid, unlawful and unconstitutional.
“I believe in the process of natural justice and that everyone should be treated fairly. We had a problem with the Mayor here and approached the Party on the Motion of No Confidence to remove Franscois Du Rand as Mayor, Helen Zille sent me an email instructing us to withdraw the motion and for our caucus to make peace. There is much more we can say and write about in so far as what the Mayor has done in transgressions in our municipality and the DA ignored all those things. Where is peace now? Instead we have been expelled, where is equality? We are treated worse than animals”. Michael Pokwas said.
"I did not want this matter to end up in court, but there seems to be no other option. I do, however, believe that the courts are fair and will see to it that this whole debacle is dealt with fairly and that my membership will be reinstated soon. Our insistence to advertise the post for corporate services director, which presents an opportunity to address serious shortcomings in the Employment Equity of the management structure in Swellendam Municipality is the reason for our expulsion, among others. We have a responsibility to address the imbalances of the past and redress as articulated by the DA Values Charter with emphasis on Opportunities for All and embracing our Diversity where we are in government”. said Bongani Sonqwenqwe.
"When I head to court, it is most certainly not to embarrass my party. In fact, it is to save and guide my party and to help it grow from strength to strength. Actions like these damage the brand of the party and could reflect in the election results if not handled correctly. I will do anything and everything to protect my dignity which is a right guaranteed by our South African Constitution. This is not a apartheid era”. Gcobisa Mangcu-Qotyiwe said.
In a statement on Facebook last month, I said "when the party served me with the expulsion letter on November 28, 2022, as a disciplined and fervent servant of my party and our people, I was sitting before a DA FLC [Federal Legal Commission] Panel in a Disciplinary Hearing. I was there to answer to the many frivolous and damaging allegations levelled against me by the very same person who decides to abandon the process. I never had the opportunity to answer and defend myself in the disciplinary hearing before the FLC Panel, because it was ended by the termination of my DA membership"
We were waiting for the so-called WHITTLEBLOWER to come back to testify and she was refusing to come back, despite the FLC Chairperson Ms Glynnis Breytenbach begging her to come back after she stormed out on a previous Friday during cross-examination by my legal team. My Legal Team were asking good questions, very serious questions, but she couldn't answer them and decided to run away and told the FLC Panel that she is done with the matter and that she is not coming back. Imagine my name has been tarnished and my dignity damaged by the very frivolous allegations she made against me. There is a lot more before the court in my filed affidavit #UnderOath. Imagine being expelled after such developments, from a Political Party that you served for 20 years. It is very Painful, Unjust and Unfair.
Thank you for protecting our party. Otherwise you will be the next victim of receiving a cessation letter from Helen Zille. I will never accept this treatment it is one that I will never forget, especially it being done by my beloved party, named after the aptly name of DEMOCRACY. I have confidence that the court will protect me and many potential victims of this cessation clause. We live in a Constitutional Democracy my dear friends, colleagues and fellow democrats. We must defend and protect our hard-earned freedom.
Many DA members and supporters are extremely unhappy with how Helen Zille handled the matter in Swellendam. Just like in my situation, we must do everything to protect the rights of all members and treat everyone the same within the organisation.
Statement issued by Masizole Mnqasela, 7 January 2023