The Cape High Court has granted an urgent application by eight ”defectors” for an order confirming they are still members of the Democratic Alliance (DA).
Judge Siraj Desai made the interim order on Wednesday morning in a sitting attended by politicians from all three major parties in the Western Cape.
The eight, who include seven Cape Town Unicity councillors, received letters this week telling them the DA no longer regarded them as members of the party.
Their names were included in revised New National Party (NNP) candidate lists for the National Assembly and Western Cape legislature published on June 19 — a day before the defection legislation was to come into force.
The DA said it was justified in assuming that the eight were therefore members of the NNP. Control of the eight seats could be crucial in Cape Town, where the NNP and ANC need 24 defectors to take control of the DA-held unicity.
Desai said that pending a full hearing on the matter on August 8 he was declaring that the eight were still DA members, and could continue with normal council activities.
No vacancies in their seats could be declared or filled.
Attorney for the eight, SP du Toit, said afterwards that his clients were satisfied with the decision of the judge — who also ordered the DA to pay the costs of the urgent application.
Du Toit said the court had given a clear message that there was a ”right way and a wrong way” to do things.
The DA would have to think clearly before it regarded people’s membership as being terminated.
However DA national representative on justice, Dr Tertius Delport, emphasised that this was only a temporary order, and that the DA would be back in court on August 8 with more evidence.
He said it was interesting that people were fighting to be members of the DA at this crucial period.
”We will look with great interest, if the (official defection) window opens, if their sincerity is in any doubt whatsoever,” he said.
The DA had no problems with people leaving the party if they did it properly.
”These people jumped the gun, and are insincere. We have no sympathy with them. They are the author of their own misfortunes.”
Meanwhile, it was earlier announced by the UDM that the Inkatha Freedom Party (IFP) will join the UDM in challenging the constitutionality of the defection legislation and will also share legal costs.
This follows a 45-minute meeting between UDM president Bantu Holomisa and IFP leader Mangosuthu Buthelezi in Durban on Tuesday.
”We have agreed that we will bring the application (to the Constitutional Court) together.”
A full bench of the Cape High Court on Monday afternoon ruled in favour of the UDM’s application that the floor-crossing legislation be suspended until the Constitutional Court ruled on the matter.
The UDM was given until Thursday to make its application to the Constitutional Court.
Holomisa said details of how the IFP and UDM would go about challenging the law would be worked out by their lawyers.
”It’s entirely up to the lawyers. They will discuss the tactics.”
Holomisa said both the IFP and the UDM agreed that the issue at stake was the violation of voters’ rights.
The IFP, UDM, ACDP and PAC were among the parties who opposed the package of defections laws in Parliament.
However, the ANC backed — by the DA and NNP — was able to muster enough votes to push the legislation through the National Assembly and the National Council of Provinces.
Meanwhile, chief state law adviser Enver Daniels said the government was looking at its options, including asking for a declaratory order on whether the Cape High Court had the jurisdiction to rule as it did.
IFP representative Musa Zondi was not immediately available for comment. – Sapa