Crisis meeting for the DA

By Patrick Cull Political Correspondent

CAPE TOWN – Democratic Alliance leader Tony Leon and deputy Marthinus van Schalkwyk are to meet – possibly today – to try to hammer out a resolution to the massive infighting that has plagued the DA over the past two weeks.

The meeting will take place against the background of the decision of sacked Cape Town mayor Peter Marais to approach the Cape High Court today for a judicial review of the decision to expel him from the DA on Friday.

Mr Marais informed DA national management committee chairman James Selfe in a letter yesterday afternoon that he would not appeal to the federal council against his expulsion, citing unfair treatment “from the outset” as the reason. The sacked mayor said that, like the NMC, the DP had a majority on the federal council and there was therefore no prospect of a different decision.

Reacting to Mr Marais’s decision, Mr Selfe said he rejected completely the suggestion that he had been subject to unfair treatment. “The procedure followed by the DA national management committee was fair, and was pursued entirely within the terms of the party’s constitution. As chairman of the NMC, I received advice on how the party should proceed with this matter from advocates Jeremy Gauntlett, Les Rose-Innes and Andrew Breitenbach.

“By declining to note an appeal with the federal council, Mr Marais has exhausted one of his options. If he wishes to pursue his interests in court, as he has suggested he intends, then that is his right. The DA will respond by defending its own interests.”

After the flurry of statements and press conferences last week and on Sunday there was a conspicuous lack of public debate yesterday, which is being seen as evidence of the need to try to heal the rift. Mr Van Schalkwyk, dubbed by the media ‘Kortbroek’, cannot be expelled from the DA simply because the constitution of the alliance as it stands at present provides that the leader of the NNP must be deputy leader of the DA. Mr Marais said last night he believed no purpose would be served by an appeal to the federal council, since he had been treated unfairly from the outset.

He said that when the NMC terminated his membership on October 19, he was told he could exercise his right to appeal to the council by 4pm yesterday. However, that appeal was to be heard by the council only on October 27.

“I am at a loss to understand this, when I was given only two-and-a-half hours to respond (at the NMC hearing) to serious allegations which had dire consequences, namely the termination of my membership of the DA.

“Be that as it may, I instructed my lawyers to notify the DA that, since I was treated unfairly from the outset, no purpose would be served by noting an appeal.” However, this did not mean that “unlawful actions” of the DA would not be challenged in court.