DA mayor’s removal in Theewaterskloof Municipality unlawful, court rules

Freedom Front Plus (FF Plus) councillor Tienie Zimmerman will have to vacate office after his election as Theewaterskloof Municipality mayor was declared unlawful.

The Democratic Alliance (DA) challenged Zimmerman’s election in the Western Cape High Court in Cape Town, arguing that their councillor, Lincoln De Bruyn, had been unfairly removed from the mayoral office just 19 days after his election.

De Bruyn was appointed as the municipality’s executive mayor on 14 August, but his tenure was abruptly cut short following a motion of no confidence passed during a special council meeting on 2 September.

Zimmerman was elected as his replacement in the same meeting.

DA councillor removed as Theewaterskloof Municipality mayor

In the High Court, the DA argued that the council meeting leading to De Bruyn’s removal as mayor was procedurally flawed.

Theewaterskloof Municipality’s manager of corporate services, Marelize Faul, initially issued a notice to councillors announcing a special council meeting scheduled for 29 August.

The agenda, distributed the day before, made no mention of the mayor’s removal or the election of a replacement.

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On 29 August, De Bruyn was set to announce his new mayoral committee, but the meeting dissolved into chaos, prompting the speaker to adjourn proceedings to 2 September.

Councillors were notified via email on 1 September that the next day’s agenda would include a motion of no confidence against De Bruyn.

Speaker defends decision

However, the DA challenged the speaker’s decision to adjourn the initial meeting, arguing it violated council rules, which require any adjournment to be proposed, seconded, and adopted by council members.

Additionally, the party contended that providing less than 24 hours’ notice for a motion of no confidence was procedurally unfair.

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The speaker defended his actions before the High Court, stating that the 10-day notice requirement for introducing a motion had not yet elapsed by 29 August, preventing its inclusion in that meeting’s agenda.

He also claimed to have personally informed De Bruyn about the impending motion and argued that the 2 September meeting was a separate session, not a continuation of the earlier meeting.

Furthermore, the speaker noted that the DA did not formally oppose the motion of no confidence during the 2 September meeting.

Theewaterskloof Municipality council meeting unlawful

In a recent judgment, Judge James Lekhuleni found Faul had no authority to call a special council meeting.

“The above rules of order explicitly indicate that a special council meeting may be convened by either the speaker or the municipal manager, contingent upon the submission of a written request by a majority of the councillors.

“It is evident that the majority of councillors in this case did not provide a written notice to the speaker to convene the special council meeting, nor did they outline the reports that were to be dealt with during this meeting,” the judge said.

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Lekhuleni ruled that the council sitting on 29 August violated the Local Government: Municipal Structures Act and the Rules of Order of Theewaterskloof Municipality, stating it was “fraught with irregularities” and therefore unlawful.

The judge further noted that the speaker exceeded his authority by unilaterally convening the special meeting on 2 September.

“I must state that the speaker’s contention that the meeting of 2 September 2024 was a new meeting and not a continuation of the special meeting of 29 August 2024 is unsupported by the objective facts and cannot be correct,” the judgment further reads.

Mayor’s removal set aside

Lekhuleni also found that De Bruyn should have been given adequate notice of the motion of no confidence against him.

“It was irrational for the council to follow a process that precluded the councillors and councillor De Bruyn from fairly and adequately submitting relevant considerations and properly responding to the allegations made in the motion calling for his removal.

“The procedure set forth by the speaker did not enable the council to make a rational decision regarding the motion of no confidence against the second applicant.

“In my considered opinion, the removal of councillor De Bruyn from the position of executive mayor was unlawful and should be reviewed and set aside.”

He ordered the municipality and Zimmerman to jointly pay the costs of the application.

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