Knysna Mayor Mark Willemse is appealing a DA Federal Legal Commission finding against him.
He and fellow DA Councillor Peter Myers were found guilty of misconduct after they sided with the opposition to vote out Mayor Eleanore-Bouw Spies in a motion of no confidence in June this year.
A disciplinary panel of the DA’s Federal Legal Commission ordered Willemse to resign from the position – at least two days before the party starts interviews to select a new mayor.
Willemse was then elected to the mayor’s office and disregarded a DA leadership instruction to step down.
The dispute over Willemse’s position as Knysna Mayor has been dragging on for four months.
But Willemse argues he was legitimately elected.
“The ruling was incorrect and therefore we are taking it on appeal.”
Councillor Myers says they based their case on Patricia De Lille’s challenge against the DA in the Western Cape High Court, which found a councillor is free to vote with his or her conscience during a motion of no confidence.
Meyers says: “We believe that this is a decision that is incorrect in law and on the facts which they based the decision were incorrect.”
Despite ignoring the order to step down and his pending appeal, Willemse says he was on Thursday interviewed for the mayorship.