Expelled National Alliance councillor Bevan Brown remains stuck in political limbo, with the IEC yet to process his replacement more than a year after the Nelson Mandela Bay municipality declared his council seat vacant.
A court interdict appears to be at the crux of the problem, as it prohibited the IEC from replacing his name on the party’s PR list.
However, the municipality is demanding he repay nearly a year’s salary since the metro declared the seat vacant.
Brown, however, maintains he remains a councillor until the court, where proceedings have stalled due to his lack of funds, delivers a ruling.
National Alliance secretary-general Vasu Padayachy said while a court order suspended any action to replace Brown, it was later agreed to adjourn the matter with no date scheduled for it to sit.
“After Bevan could no longer pay his attorneys, we agreed with his lawyers that the matter would be postponed sine die and for the order to be amended so that we can replace him.
“Hence, the latest order does not reflect that part.”
Padayachy said a copy of the amended order, seen by The Herald, was sent to the IEC to replace Brown.
The order does not mention that Brown be replaced.
“The last time I spoke to someone in the IEC, we were told that the matter was with their legal department.
“I don’t know what the issue is because they could confirm the court order and allow us to proceed.
“After all, Bevan is not a member of our party. We expelled him a long time ago.”
Brown’s former attorney, Shawyn Steyn, said there was never an agreement to remove the part that prohibited the party from replacing Brown.
“I don’t recall that conversation taking place, and I certainly never got an instruction in that regard so it’s not true.”
Eastern Cape IEC spokesperson Sanda Nodada confirmed Brown was listed as a councillor of the National Alliance.
He did not respond to a question about why the IEC had not replaced him.
Acting city manager Ted Pillay wrote to Brown on July 22 informing him that he was removed as a councillor in 2023.
“The city manager [Noxolo Nqwazi] declared the vacancy on May 8 2023, and there is no court order setting aside the decision to declare the vacancy.
“By virtue hereof, you have ceased to be a councillor, effective from May 8 2023.
“Notwithstanding the vacancy, the municipality continued paying your salary until February 2024.
“I gather that the erstwhile acting city manager [Luvuyo Magalela] requested that the erroneous remuneration relating to May 2023 to February 2024 be recovered from you.
“Unfortunately, this office can be of no further assistance regarding any additional remuneration.
“Concerning the vacancy in connection with the National Alliance, the IEC has been informed of the vacancy.”
The National Alliance has been embroiled in factional court battles since Brown was booted from the party by president Gary van Niekerk.
Ultimately, the court declared Van Niekerk was the rightful president of the party.
On Monday, Brown said the IEC could not replace him due to a court interdict.
“I have tried to engage the leaders of the National Alliance through my lawyer and the acting city manager that we settle this out of court so I can carry on with my life, but they have refused,” Brown said.
“My main issue is how the municipality can stop my salary while I am still a councillor, and the matter is not finalised yet.
“This is preventing me from moving on as several political parties have approached me to join them, but I’m stuck because of this issue.
“Now the city talks about me having to pay money, when in fact, I am being owed for all the months that they stopped my remuneration.”
Metro spokesperson Sithembiso Soyaya did not respond to a request for comment.
Director in the office of the speaker, Dumisani Mbebe, said Brown stopped being a councillor after the vacancy was declared by Magalela.
“Upon declaration of the vacancy, almost two years ago, this vacancy was never filled by the National Alliance.
“The name of Brown has not been part of the PR councillors under the National Alliance and gazetted municipal councillors.
“Brown was removed from the list of [120] councillors and as a member of a standing committee.”
Mbebe said there had been no communication received on Brown’s replacement.
The Herald
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