Impasse over reinstatement of axed councillor Mali

KNIGHT MALI

THE Nelson Mandela Bay Municipality is saddled with a conundrum as confusion over how to deal with a court order for the reinstatement of former DA councillor Knight Mali to the opposition party continues.

While the DA said the ball was in acting city boss Johann Mettler’s court, Mettler yesterday insisted that the DA and Mali resolve the matter and inform the city of the outcome.

The confusion comes after the Port Elizabeth High Court ordered last month that Mali’s membership be reinstated after he was axed by the DA in December, for what the party said was a violation of its constitution.

Mali was accused of working with the ANC against the DA.

In a letter to DA lawyers, dated February 8, Mali’s attorney, Liane Koorsse, of Rushmere Noach Attorneys, said there was an understanding and an agreement that should the court rule in favour of Mali, he would be reinstated as a councillor.

This, however, is a problem for the DA as there are no vacancies in the council after the party replaced Mali with Kabelo Mogatosi as a councillor last month.

Eastern Cape DA disciplinary committee chairman Kevin Mileham said the party had implemented the court order.

“His membership was restored as per the court order. The issue of his council seat is one he should take up with the [acting] municipal manager because as far as the DA is concerned, there is no vacancy in the council.

“However, Mr Mali is facing further charges which will be addressed via a disciplinary hearing in due course,” Mileham said.

He declined to comment on the additional charges, saying he would do so once Mali had acknowledged receiving the charge sheet. Mileham said he was not aware of any agreement to reinstate Mali as a Bay councillor.

But Mettler said the onus was on the DA to deal with the issue.

“It is a matter between the DA and him [Mali]. A vacancy was declared and it has since been filled,” he said.

“We must look at whoever the court order is directed against.

“We will wait and implement whatever they decide,” Mettler said. Koorsse declined to comment. Mali said the DA was undermining the rule of law by not reinstating him as a councillor.

“The party is delaying the inevitable and that will only result in a pile of legal costs. The DA must do the honourable thing.”

Mali is consulting his lawyers about a way forward.

He said the fresh charges included his stance on racism within the DA on Facebook and encouraging farm workers to report DA Bay mayoral candidate Athol Trollip to the SA Human Rights Commission for alleged unfair labour practices at his family’s Mount Prospect Farm near Bedford.