Amid sexual harassment civil court proceedings brought against two ex-New National Party Western Cape premiers by a former colleague, the party could also be in a pickle over one of its parliamentary seats.
Former Western Cape information technology minister Audrey van Zyl last month obtained a ruling from the Cape High Court against the NNP, saying the party had erred in recalling her from the National Council of Provinces (NCOP) without a hearing.
“I do intend to take up my seat,” she said this week, adding that she had written to NNP leader and Premier Marthinus van Schalkwyk.
The NNP said this was impossible. “The walk-over clause has changed the representation of the NNP in the NCOP. The court’s judgement has no real effect,” said Andre Gaum, senior NNP provincial parliament member.
The potential wrangling is over a seat that remained with the NNP courtesy of its cooperation partners, the African National Congress, in the wake of the national and provincial defections earlier this year, which led to the reconstitution of the NCOP.
Van Zyl is also seeking a new court date for her R1,5-million sexual harassment claim against Peter Marais. The case was set down for the end of April, but was provisionally taken off the roll.
Marais and Gerald Morkel are defending a sexual harassment and defamation civil suit by Freda Adams, another former provincial minister.
These developments are the latest in a spate of political cases brought before the Cape High Court, most arising from the acrimonious break-up of the Democratic Alliance 18 months ago.
In May 2002 Van Zyl logged the legal challenge against the NNP and the speaker of the Western Cape legislature after the house on March 12 passed the motion of no confidence with the support of the NNP-ANC cooperation pact. A day later the NNP recalled her from the NCOP.
The motion stemmed from Van Zyl’s support of Morkel, who in late 2001 defied the NNP to remain with the DA. She and former provincial finance minister Leon Markovitz were the only provincial ministers who did not reverse their support for Morkel after Van Schalkwyk called them in.
Also in May 2002, Van Zyl brought a sexual harassment suit against Marais, then premier, for repeatedly pestering her between 1999 and 2000.
This came amid similar claims by several women against Marais and the first steps of civil proceedings by Adams. Marais resigned when one woman laid criminal charges against him. He alleged the DA had put Van Zyl, and other women, up to this and lodged a R5-million counter-claim. He has done the same against Adams.
Last week Adams told the Cape High Court of financial mismanagement, sexual advances and political pressure, including how Van Schalkwyk had asked her not to sue as it might end her political career.
In November 2001 Marais, then mayor, won his reinstatement to the DA, which had expelled him over the street-renaming debacle.
Morkel also approached the court, but failed to block the NNP federal council meeting in November 2001, where the party amended its constitution to seal the pullout from the alliance and his expulsion.
A disagreement between the DA and ANC over the allocation of executive council seats was settled at the eleventh hour. But a handful of councillors approached the court to remain in the DA after their names mistakenly appeared on the NNP list ahead of the municipal defection period last year. All later defected to the NNP.