The war of words between former Western Cape Independent Democrats leader Lennit Max and the ID’s top brass refused to settle on Thursday, with Max refuting earlier claims by party leader Patricia de Lille that he had ”unconditionally” withdrawn high court litigation.
Max said in a statement if it were true that he had unconditionally withdrawn a challenge to his suspension from the party, he would have had to pay De Lille’s legal costs.
”This did not happen today; each party is liable to pay its own legal costs in accordance with the settlement agreement which was made an order of the court,” said Max.
He said the settlement does not cover any of his prior allegations, made to the director of public prosecutions, of prima facie evidence of corruption against De Lille and her secretary general, Avril Harding.
Max said he is not withdrawing any of these allegations and stands by their content.
The allegations, which precipitated his suspension from all party activities, relate to De Lille apparently misappropriating R400 000 meant for the party.
He also accused De Lille of accepting the money from alleged Western Cape drug kingpin Quintin Marinus.
These allegations have been vehemently denied.
On Thursday, as news of the settlement filtered down, De Lille said the party has been ”vindicated” in its court battle against Max.
”We have been vindicated. Max withdrew the case unconditionally,” a triumphant-sounding De Lille said on the steps of the Cape High Court.
De Lille said Max’s attempt to overturn his suspension from the party failed hopelessly, and confirmed that an internal disciplinary hearing will commence against Max on February 8.
She assured reporters and supporters that Max will receive a fair hearing in a forum convened by an independent lawyer.
”We want justice and are not seeking revenge,” she said of the hearing, in which Max faces numerous charges.
Among these are recording telephone conversations between himself and an ID party member, Shaun August, and changing the ID’s standard employment contract without consultation.
Max also allegedly drew a cheque from the party constituency allowances to pay for his accommodation while doing constituency work in the Western Cape.
In terms of the settlement agreement, if the parties cannot agree on who chairs the independent disciplinary hearing by February 1, then Cape High Court Judge President John Hlophe will have to appoint the chairperson.
Max maintains his innocence of all charges and said he is not afraid of a ”free and just process”.
Earlier on Thursday, Max’s lawyers lodged an application for the litigation to be suspended.
”They [the ID] have not complied with giving all the documents in terms of the court rule,” said Leon van Rensburg, a member of Max’s legal team.
The postponement application was confirmed by advocate Paul Tredoux, the ID’s counsel, who said the party has not had an opportunity to study the application yet.
Outside court on Thursday, a group of ID supporters broke into song every so often and held aloft placards denouncing Max.
Some read: ”Judas Max go back to apartheid police force” in allusion to his former post as Western Cape provincial police commissioner.
Another read: ”Max Da-spy eat ur cake”, a pun referring to Max’s choice of Van Rensburg, a Democratic Alliance councillor, to represent him in the matter. — Sapa