Urgent application by two axed GOOD members over ousting struck off the roll

Western Cape High Court struck off the roll an urgent application by former GOOD senior members. l FILE

Western Cape High Court struck off the roll an urgent application by former GOOD senior members. l FILE

Published May 20, 2023

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Cape Town – Urgent applications by two axed senior GOOD party members have been struck off the Western Cape High court roll with costs.

Former national organiser and Member of the Provincial Legislature (MPL), Shaun August, and former Witzenberg deputy mayor, Felicity Klazen, brought the applications on an urgent basis before the court yesterday (Friday).

They both wanted the court to set aside the expulsion and to interdict GOOD from stripping them of their positions.

August wanted his position back as MPL, while Klazen wanted her position as councillor reinstated.

However, legal counsel for the two, Diana Mukote, asked for the matter to be removed from the urgent roll on the basis that she had not had adequate time to prepare for the matter. She had only been briefed an hour before the court proceedings.

The matter would be reinstated at a later stage, she submitted.

Legal counsel for GOOD, Advocate Deneys van Reenen, also argued that papers were only delivered on Thursday afternoon and it was not clear what the interim relief being sought entailed.

Judge Noluthando Nziweni ruled the matter be struck off the roll with costs on a party basis.

"The manner in which the applicants dealt with this application leaves much to be desired,“ said the judge.

“Counsel was briefed only before she appeared. It's unacceptable.

“However, in my view, I cannot determine the issue of urgency. Cost orders will be on a party-to-party scale.”

GOOD welcomed the judge’s decision and said the ruling affirmed the party’s commitment to fairness and integrity.

“We welcome that court processes cannot be be easily abused,” said GOOD secretary-general, Brett Herron.

Earlier this week, the position of the Witzenberg deputy mayor was advertised following the decision on May 12 by GOOD to expel Klazen and August.

The party said the decision was taken after a year-long investigative and disciplinary processes, conducted by independent professionals in the wake of a poor performance in a by-election in Witzenberg in 2022.

Allegations about Klazen and August’s conduct during a pre-local government elections voter campaign also surfaced.

Separate disciplinary processes found them guilty of "serious misconduct" and had "brought GOOD’s reputation into disrepute".

Klazen was suspended from party activities pending the outcome of her internal appeal, while August was given five working days to indicate if he planned to appeal.

However, both August and Klazen previously denied the charges and alleged the process was unfair and not free.

They also claimed there was no evidence of  "any naked parading", substantiating the initial allegations.

August received the news that he was expelled just as he touched on Californian soil on May 12 for a week-long work-related trip.

However, he was required to return home immediately as he was no longer a member of parliament.

In an open letter he wrote to GOOD on May 11, he raised concerns  about the resignation or expulsion of other GOOD members, claiming there was no consistency in how the party dealt with complaints.

One of the members, Donovan Septoe was later welcomed back to the party.

"It seems like some of our councillors are for sale and runs (sic) to the highest bidder," he wrote.

"As a child of this house, I believe it is within my right to put my concerns on record.

"I am calling for this to be discussed between leadership and public representatives at the councillor conference as we, as GOOD public representatives, deserve answers."

However, Herron dismissed the claim as “bulls**t” and said August was disciplined for “conduct”.

“The so-called open letter was dishonest and an attempt to undermine party processes and cause discord within the party”, said Herron.

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