Tshwane mayor, speaker not going anywhere, court rules

Tshwane mayor Stevens Mokgalapa is not going anywhere just yet as the DA got an interim court order halting Thursday’s vote to oust him.

Mokgalapa and the city’s council speaker Katlego Mathebe were on their way out after the EFF and ANC both voted for their removal in a motion of no confidence at Thursday’s council sitting.

This came after Mathebe recused herself from Thursday’s sitting in an attempt to avoid a conflict of interest in the motion against her. But Gauteng’s department of co-operative governance and traditional affairs (Cogta) presided over the meeting and allowed both the EFF and ANC to nominate EFF councillor Obakeng Ramabodu to act in the speaker’s role.

The DA however took legal action, stating that the ANC and red berets had orchestrated a coup by hijacking the sitting.

On Friday, Judge Tuchten suspended all resolutions made in Thursday’s meeting pending the court’s final decision on 17 December 2019.

According to the court papers: “Pending the finalisation of these applications, all resolutions passed by the continuation meeting are suspended and of no effect, including: the appointment of an acting speaker; the passing of motion of no confidence in the speaker and removing her from office; the passing of a motion of no confidence in the mayor and removing the mayor from office.”

Cogta MEC Lebogang Maile announced on Friday that they would place the city under administration as service delivery and supply chain challenges compromised the city’s functionality.

“Gauteng Provincial [executive committee] has been left with no choice but to invoke the provisions of Section 139(1) read together with Section 154 of the Constitution, by taking appropriate steps to support and strengthen the capacity of the City of Tshwane to effectively execute the constitutional objectives of local government as embedded in section 152 of the Constitution. This will assist in restoring functionality, governance stability and adequate service delivery in the City,” a statement read.

DA Gauteng caucus leader and former Tshwane mayor Solly Msimanga rejected Cogta’s solution, stating it was both constitutionally and procedurally wrong as the city was not given any reasons as to why it needed saving.

“MEC Maile made serious allegations without evidence such as the city not being able to deliver on its core mandate as well as with regards to the financial wellbeing of the city. MEC Maile is desperate to try and prevent any form of opposition governance in this province,” Msimanga said.