ANC calls for investigation into actions of DA Provincial Legislature Member, J L Hartnick

The African National Congress in the Provincial Legislature has written to the Secretary of the Provincial Parliament with respect to a breach of the Code of Conduct for Members.

ANC spokesperson on Local Government, Pierre Uys, said: ‘We have referred the matter to the Registrar of the Code of Conduct who is also the Secretary of Parliament because Member Hartnick is in breach of 13 Sections of the Code of Conduct for Members of the Provincial Parliament.

‘According to Notice 408 of 2009, published in Government Gazette 32184, Member Hartnick became a member of the Western Cape Provincial Parliament on 28 April 2009.

‘However on the 30 April 2009 the member attended a meeting of the Eden District Municipality and participated in this meeting as a councillor.

‘By so doing, Member Hartnick has broken the Code of Conduct and the Constitution of the Republic which does not allow a Member of the Legislature to be a member of a council at the same time. The ANC has requested that the matter be fully investigated and appropriate action taken.'

(Kindly note earlier press statement on High Court ruling of the Eden District Municipality - below.)

ANC welcomes high court ruling on Eden District Council

The ANC welcomes the judgment of the Cape High Court yesterday morning that set aside the  DA's unlawful and invalid misconduct  in "electing" an Executive Mayor at Eden District Council through subverting and abusively manipulating the democratic processes for electing mayors.

The Court has delivered a strong blow in support of democracy and against the DA's arrogant misconduct.

The Court, in firmly setting aside the DA's election of their candidate for Mayor and declaring it to be unlawful and invalid , has confirmed that to be elected as Mayor  to serve your community, you must command at least a majority of votes of  your Council's total allocated representatives.

Provincial chairperson, Mcebisi Skwatsha, said : ‘ This is healthy for democracy. We support the court's ruling which effectively puts paid to any repetition of the underhand practices and abuses the DA was perpetrating at Eden. This was being done under the coattails of provincial government protection. The court has stopped the DA from doing so elsewhere.'

Pierre Uys, ANC spokesperson on local government, added: ‘ It is, however, unfortunate that the DA  council in Eden refused to rectify their error when it was pointed out and instead used  taxpayers' money to hire a large legal team to defend them. They still lost with costs and the taxpayers will have to bear an estimated cost R350 000.00.

‘The ANC brought this matter to court as we are of the view that no matter who is governing, Councils must make decisions that at least have the support of a majority of any council's stated membership and therefore of a majority of the population. This necessity broadens rather than undermines our democracy. This judgment supports this view and has binding effect on all councils in this province.'

Statements issued by ANC Western Cape media June 18 2009

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