Local Karoo party Independent Civic Organisation of South Africa (Icosa) seeks to oust its leader, Jeffrey Donson, and his son, Vlancio, through a court motion filed in the Western Cape High Court.
Icosa wants the court to declare Donsons' continued occupation as unconstitutional, unlawful, and null and void.
Jeffrey Donson has faced public criticism for his appointment as mayor after being convicted of the rape and indecent assault of a 12 year old in 2008.
Donson and his son were already previously suspended from the party, which governs Kannaland municipality in coalition with the ANC, for misconduct and bringing the party into disrepute.
The party's provincial chairman, Dawid Kamfer, headed the move to expel Donson and his son for breaching the party's constitution by forming an alternative party, called “All Things Are Possible” while holding onto party positions, but the national executive committee (NEC) reversed this decision, leading to further internal turmoil.
Kamfer argues that the NEC lacks authority due to the expiration of its term in 2022 and asserts that urgent relief is necessary to stop the constitutional breaches.
The legal dispute occurs amid Icosa's preparations for its national elective conference and upcoming elections.
Jeffrey Donson refrained from comment, citing the ongoing court matter.
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