DA Expulsion of Abdulkader Elyas Upheld by Western Cape High Court Before LGE
- The Western Cape High Court dismissed expelled DA councillor Abdulkader Elyas's urgent application on Monday, 2 November 2026
- Judge Nziweni ruled that Elyas failed to establish a prima facie right to an interim interdict over his removal from the party
- Elyas had sought to have his name restored to the DA's City of Cape Town PR list just days before the local government elections
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CAPE TOWN — Expelled DA councillor Abdulkader Elyas has failed in his bid to overturn his removal from the Democratic Alliance, after the Western Cape High Court dismissed his urgent application on Monday, 2 November 2026, two days before the local government elections.
Judge Constance Noluthando Nziweni found that Elyas had not established a prima facie right to an interim interdict. She described his reading of the disciplinary agreement he had signed with the DA as "textually unsustainable".
See the News24 post on the ruling:
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Elyas's argument rejected by court
Elyas contended that his role as Ground War Lead and manager of the DA's Western Cape campaign team was operational in nature, and therefore did not constitute a party position prohibited under his disciplinary agreement. The court disagreed, finding that the agreement extended to appointed positions as well as elected ones.
He had asked the court to suspend his expulsion, restore his name to the DA's proportional representation candidate list, and prevent the Electoral Commission of South Africa from filling the vacancy created by his departure.
How the expulsion came about
Elyas was elected as a City of Cape Town PR councillor in 2021. In 2024, he pleaded guilty to five DA disciplinary charges linked to false or inaccurate information about his qualifications. The University of Cape Town confirmed he had not completed the medicine and actuarial science qualifications he had claimed, and the Health Professions Council of South Africa said he had been registered only as a medical student and never qualified as a medical practitioner.
A disciplinary agreement reached in 2024 suspended his expulsion on strict conditions. DA Federal Council chairperson Ashor Sarupen stated in court papers that the agreement barred Elyas from holding any elected or non-elected party position, beyond that of an ordinary public representative, during his suspension period.
"The applicant knew he should not take on leadership roles while serving his period of suspended termination. He nonetheless did so, in order to advance his own interests," Sarupen's affidavit said.
The DA's Federal Legal Commission subsequently found that Elyas had breached the agreement by taking on the campaign role. The party's federal executive confirmed that finding at the end of September, terminating his membership immediately. The vote was 16 to 8.
Elyas disputed the finding, describing it as "patently wrong". In a private message to the party after his expulsion, he maintained that the DA had previously indicated that appointed campaign roles would not violate his disciplinary outcome. South African voters go to the polls on Wednesday, 4 November 2026.
Da ordered to remove sign in KZN
In a related article, Briefly News reported on the Durban High Court’s interim order barring the DA from linking three eThekwini officials to an illegal water tanker operation.
The billboard was removed shortly after it went up beside the N2, but the court case continued. The judge said the order protects the officials’ reputations without unlawfully limiting the DA’s right to criticise the city’s handling of water services.
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Source: Briefly News
