Quick-fire tactics of Alderman backfires
In a shocking turn of events, 40 councillors were served with a letter stating that they have been relieved of their duties recently. However, this did not last very long.
Fourty local councillors were recently served with a letter stating they have been relieved of their duties. However, it did not last very long after the Mogale City Local Municipality (MCLM) speaker, Alderman Jacqueline Pannall was told to reinstate the councillors by the MEC of Local Government Mzi Khumalo.
On Friday, March 30, 40 councillors were served with a letter from the Speaker stating, “Schedule 7 of the Municipality Structures Amendment Act, 2021, as Gazetted 5(2) states a councillor who is absent from three or more consecutive meetings of a municipal council, or from three or more consecutive meetings of a committee, which that councillor is required to attend in terms of item 4, must be removed from office as a councillor. Based on this the MEC of Local Government has been informed of your removal as a councillor in Mogale City Local Municipality.”
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But the MEC quickly replied with a letter that the removal is fatally flawed because the Speaker of Council or the Municipal Council does not have the statutory power to remove a councillor from office for the alleged breach of any provision of the Code of Conduct for Councillors. The only one with this authority is the MEC for Local Government in the province. Pannall was then told to reinstate all councillors who were removed unlawfully with immediate effect.
The MEC further said in a statement released on April 3 that they were deeply concerned with the unfolding situation in Mogale City.
“As a custodian of local government, ours is to ensure that we have stable municipalities that discharge their constitutional mandate and responsibilities. We have noted the unlawful removal of the councillors in the MCLM by the Speaker of Council.”
This came just before the West Rand District Mayor Hullet Hild was voted out following a vote of no confidence against him.\
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In a statement from the EFF, the party said they were perplexed by the Speaker’s illegal action.
“The Speaker, out of desperation, issued a letter firing 40 majority councillors claiming they have breached the legislation by missing three meetings.”
The statement also said; “Let it be known by the community that the DA Speaker in Mogale City is behaving like a boss thinking MCLM is her private company. On several occasions, the Speaker ignored, in terms of the rules and orders of the Council, the plea of the majority councillors to convene a council sitting fearing to debate a Motion of no confidence against the Mayor.”
Finally saying; “It is now evident that the DA in Mogale City will do whatever it takes to hold onto power even if it means flaunting the legislation and ignoring the rules and orders of the council.”
On Monday, April 3, the News attempted to contact the MCLM’s Speaker, Mayor, and spokesperson through email. The News inquired as to who the councillors who were removed were, which meetings they did not attend, and if this was the first time these councillors had missed three meetings in a row. And, if not, why was it decided to remove them now?
The spokesperson for the Mayor, Brenda Mabote confirmed the receipt of the email and said they will revert as soon as they can. However, on April 5 the News once again allowed feedback but none was received.
The News confirmed with one of the councillors who received a letter that they had been reinstated.
