‘I need to regain my membership as a DA member, I need to regain my seat in Parliament, I need to regain my seat as the speaker of parliament,” said Masizole Mnqasela on Thursday.

The former speaker of the Western Cape Provincial Legislature had his Democratic Alliance membership terminated after the party alleged he made disparaging remarks about it during a media briefing in November, following the news of a motion of no confidence tabled against him by the party. 

Read more in Daily Maverick: “DA’s Masizole Mnqasela won’t sit back over motion of no confidence as this would be ‘a grave mistake’ ”

Mnqasela’s membership in the DA ceased at the end of November, following the briefing. Due to the cessation of Mnqasela’s membership, his position as a member of the provincial legislature and speaker also ended. 

Masizole Mnqasela arrives at the Western Cape High Court on Thursday, 15 December where he asked the court to reinstate his DA membership and his position as speaker of the Western Cape Legislature. (Photo: Suné Payne, Daily Maverick)

Mnqasela and his legal team appeared before the Western Cape High Court on Thursday to try to have his suspension overturned and to have him reinstated as a member of the legislature and as the speaker. He also tried to interdict the party from filling the vacancy created by the cessation of his membership.

Mnqasela’s court papers state: “The Party contends my membership was terminated in terms of a so-called automatic cessation clause on the basis that I allegedly repudiated the membership agreement (i.e. the Federal Constitution (‘FC’)) by ‘publicly and unreasonably disparag[ing] the Party or decisions taken by its structures’ despite being cautioned to desist” — which the former speaker denied.

Mnqasela, in court papers, said media reports that quoted him as saying the process against him was a witch hunt, were “misleading and incorrect”. 

Mnqasela’s issues with the DA date back to May, when the party revealed that whistle-blowers had made protected disclosures against him over travel and accommodations claims, which the party had referred to the Hawks for investigation. He has been suspended from the party since then.

Read more in Daily Maverick: “DA’s Western Cape leaders in hot water over reports of wasteful spending”

Mnqasela also faced criticism from the DA for going on a trip to Sierra Leone without permission from the party, despite this being a requirement.

Thursday’s court appearance

During the court appearance, Mnqasela’s representative, advocate Louise Ferreira, said Mnqasela was notified of his membership having been terminated amid an ongoing party disciplinary process where a whistle-blower had walked out of proceedings, while another claimed not to have written their own statement.

She also claimed that with Mnqasela’s removal as speaker, there was no clarity on whether certain projects — like his Thetha Nathi programme that sought to have community voices heard in front of members of the legislature and a project that gave new school shoes to underprivileged learners — would continue.

Ferreira said there was doubt that the State of the Province Address would take place in Laingsburg in February, despite months of planning by the speaker’s office. 

Ferreira contended that the party had wanted to fill the vacancy in the provincial legislature immediately, but individuals did not want to take up this position, given the current litigation around it — except for a “Mr Pretorius” who lived in George.

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The DA’s representative, advocate Nick de Jager, called Mnqasela’s application an “abuse” of the process, explaining that there were tight deadlines set around the case. He said there was no demonstration of urgency in the application. He stated that the DA had found from within its nominations process an individual named Gerrit Pretorius who would take up the vacancy in the legislature, and was willing to vacate the seat should Mnqasela’s court case be successful.

De Jager said the constituency which Mnqasela served and led, Hermanus, was now without a leader during the festive season. He contended Pretorius was available to take over, and steps could be taken to fill the vacancy “so that the constituency is represented”.

De Jager wanted the court application to be struck off the roll with the costs of two counsel.

The legislature’s legal representative, advocate Mukesh Vassen, said the speaker’s office had been under immense pressure and was not able to respond efficiently. He said that without a speaker, the legislature could not function under provisions of public governance and finance laws, as well as issues regarding current litigation the legislature faced. 

Vassen said court papers were delivered on Friday, 9 December and a new Speaker was sworn in on Monday, 12 December, while the deadline to respond to Mnqasela’s papers was Wednesday, 14 December.

After a short break, Judge Matthew Francis dismissed Mnqasela’s application with costs.

‘My blood is royal blue since day one’

On Monday, the DA’s Daylin Mitchell (a former DA deputy chief whip), the provincial MEC for Mobility, was elected as the legislature speaker in a special sitting. 

Read more in Daily Maverick: “DA’s Daylin Mitchell elected speaker of Western Cape Legislature”

After the court hearing, Mnqasela addressed the small crowd that had gathered outside.

A group of supporters waited at the Western Cape High Court for Masizole Mnqasela, the former Western Cape Provincial Legislature speaker. (Photo: Suné Payne, Daily Maverick)

“We came to ask, please bring back my membership card,” he told the supporters wearing DA T-shirts bearing Mnqasela’s face and the words “Masizole for WC DA leader”. Some carried placards.

He told the crowd he would be back in court, hopefully in January, for the rest of the case.

Former Speaker of the Western Cape legislature, Masizole Mnqasela speaks to a crowd after his application to have both his DA membership and Speaker position reinstated. The matter was heard today at the Western Cape High Court. @dailymaverick pic.twitter.com/Oz8bJosd0Z

— Suné Payne (@SunePayne) December 15, 2022

Mnqasela described himself as “politically homeless”.

Responding to journalists about the initial allegations of fraud and corruption levelled against him over the travel and accommodation claims, Mnqasela said he had not heard from the Hawks or “anybody because I’ve never been charged”. 

“I want to wear a T-shirt like yours… my blood is royal blue since day one,” he told the small crowd.

Later on Thursday afternoon, the Western Cape Legislature released a statement to confirm a new member in the DA ranks — Gerrit Pretorius. DM