Four ratepayers’ associations within the Theewaterskloof municipal area filed an urgent application in the Caledon Magistrates’ Court on Friday 13 September to interdict Theewaterskloof Municipality from conducting any further council meetings until 21 October 2024.
The four associations are the Caledon Ratepayers’ Association, Greyton Union of Taxpayers, Villiersdorp Ratepayers’ Association and Elgin-Grabouw Ratepayers’ and Residents’ Association.
They were represented by attorney Danielle Louw, supported by advocate Nino Hendricks. According to the two lawyers this was a critical application to stop an already-distraught council from taking decisions that may negatively impact the future of the municipality and ultimately cost citizens thousands, or even millions, in the near future.
The urgent application stems from the recent dismissal of three GOOD party members, two of whom were Deputy Mayor and Speaker.
The dismissed members approached the High Court to review their dismissal, which will be heard only in late October.
The associations were concerned about the council still making decisions with councillors who have been lawfully dismissed.
The effect would be that a reversal of current council decisions may prove difficult, or costly, should the High Court find in favour of the GOOD party.
A letter from a law firm was distributed to councillors informing them that the Magistrates’ Court had no authority to overrule a decision of the High Court.
The Speaker subsequently sent a notice out that the council meeting would continue, notwithstanding the interdict obtained by the ratepayers’ associations. The council meeting proceeded after the municipality closed on Friday afternoon and the building’s entrances were locked and guarded.
On enquiry advocate Hendricks said that the interdict did not overrule the order from the High Court and that the interdict from the Magistrates’ Court was a completely separate application.
According to Deon Kruse, chairperson of the Caledon Ratepayers’ Association, it is his understanding that this is the first time in the history of Theewaterskloof Municipality that the Ratepayers’ Associations jointly instituted legal action against the local authority. Kruse added that this should be a testimony to the general public that the organisation is not afraid to take on the municipality if they fail to act in the best interests of the communities they must serve.
In light of the municipal council’s disregard of the court order the ratepayers’ associations will now consult their legal teams to determine their options. . Meanwhile, Grabouw People’s Organisation, a non-profit organisation, held a meeting on Sunday on uplifting Grabouw and its surrounds. Read more about this meeting and the speaker of TWK’s reaction about his dismissal on page 6.
