There will be a by-election in Swellendam’s ward 2 in March after the removal of Democratic Alliance (DA) councillor Abraham Pokwas.

In December last year, Pokwas and two other councillors, Bongani Sonqwenqwe and Gcobisa Mangcu-Qotyiwe, had their DA membership revoked by Helen Zille, chairperson of the DA’s Federal Council. The three were consequently removed as councillors.

The Western Cape town of Swellendam lies at the foot of the Langeberg mountain range. Following the 2021 municipal elections, the municipal council is made up of 11 seats: the DA holds the majority with six seats, followed by the ANC with four and the Freedom Front Plus with one seat. 

Sonqwenqwe and Mangcu-Qotyiwe’s positions as proportional councillors can be filled from within party structures. Since Pokwas was councillor for ward 2 (Barrydale, Smitsville and parts of Suurbrak), the ward will now be contested in a by-election.

The Electoral Commission (IEC) confirmed to Daily Maverick this week that Pokwas’s ward will be contested in March, with a date to be confirmed.

Mnqasela’s involvement

In a statement released by Masizole Mnqasela this week, he claimed the three councillors had been removed “apparently because they did not abide by a caucus decision to hold back on advertising for the appointment of a director for corporate services in the Swellendam municipality”.

Masizole Mnqasela’s urgent interdict to be reinstated as Western Cape speaker dismissed

Sonqwenqwe added: “Our insistence to advertise the post for corporate services director, which presents an opportunity to address serious shortcomings in the employment equity of the management structure in Swellendam Municipality, is the reason for our expulsion, among others.”

These claims have been denied by the DA.

The party’s director of communications, Richard Newton, told Daily Maverick: “No one was terminated; they cessated their membership by violating key clauses in the DA’s constitution, which mean immediate cessation.”

Pokwas, previously the municipality’s deputy mayor, referred to a motion of no confidence against mayor Francois du Rand, which the Cape Times reported on in October 2022.

Pokwas said: “We had a problem with the mayor here and approached the party on the motion of no confidence to remove Francois du Rand as mayor.  

“Helen Zille sent me an email instructing us to withdraw the motion and for our caucus to make peace.” 

He claimed the DA ignored the trio’s complaints about Du Rand. 

The DA denied this. Newton said: “No DA caucus may institute or support a motion of no confidence against a DA mayor without the approval of the FedEx.” 

Federal Executive

The matter went to the Federal Executive, where Newton said this was considered and a resolution was adopted that the caucus should not support the motion.

“Helen [Zille] conveyed this information to the councillors in her capacity as the chair of the Federal Council — she did not take any decision… she conveyed the FedEx’s decision,” said Newton. 

Mnqasela said the trio was in the process of obtaining legal advice and would most likely take the matter to court.

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Mnqasela labelled the trio’s expulsion as illegal, invalid and unconstitutional, and that “the court will attest to this fact”. 

“Similar to myself, the Swellendam trio all want their membership reinstated and the letter of cessation of membership by the DA declared null and void, invalid, unlawful and unconstitutional,” he said. 

While the three axed individuals have not yet approached the courts, Mnqasela has already lost one part of his two-part court application.

In December last year, Mnqasela took the DA to court, seeking an urgent interdict to fill a vacancy in the Western Cape provincial legislature created by the termination of his DA membership under the party’s cessation clause.

Mnqasela and the DA had been at loggerheads since May 2022 over claims of irregular travel and accommodation expenses. This culminated in his expulsion after the DA said he made disparaging remarks about the party at a media briefing in November.

He lost his party membership, seat in the provincial parliament and position as speaker all at once.

Dismissed with costs

In December he launched an urgent interdict to stop the DA from filling his positions, while challenging the DA’s cessation clause. This was dismissed with costs by the Western Cape High Court that same month.

The second part of his application against the DA’s cessation clause — concerning how he was expelled from the party — is due to be heard this year.

“My counsel and I are confident that the court will rule in our favour on Part B of the hearing,” he said. 

Read more in Daily Maverick: “Masizole Mnqasela’s urgent interdict to be reinstated as Western Cape speaker dismissed”

Mnqasela did not answer specific questions about whether he would be providing financial or legal support to the trio, but he told Daily Maverick: “I want to help them to gain their freedom again. I feel their pain… I identify with the indignity and victimisation they are confronting. No one deserves to be treated this way.”

On the decision to take the DA to court over the cessation, Newton said: “The party did not remove them — the cessation clauses in the constitution are clear… They now want to test the constitutionality of the cessation clauses in court and we will respond accordingly through the courts.”

Daily Maverick asked Newton how the party felt about four DA leaders from their flagship province wanting to take the party to court:

“The DA applies its rules and constitutional provisions without fear or favour, to everyone on an equal basis. If people wish to contest this, they have a right to do so,” he said.  

“Obviously, the statement emanates from people who seek to put their particular ‘spin’ on the matter and is entirely one-sided. The DA does not wish to pursue this matter further in the media.” DM