Opposition parties considering legal action after Ekurhuleni mayor vote crumbles

Political parties in the Ekurhuleni council are considering legal action to force the Speaker of Council Nthabiseng Tshivhenga to convene an extraordinary council meeting to elect a new mayor.

Opposition parties plan next move

This comes after Tshivhenga sent a notice to councilors on Wednesday night informing them that the council meeting was postponed because of unforeseen circumstances.

ActionSA caucus leader, Siyanda Makhubo, told The Citizen that his party and other opposition parties would be meeting to explore legal action against the Speaker of Council.

“ActionSA will be meeting with other concerned party leaders today from 09:00, to explore legal options and the possibility of the City Manager, who as per the Municipal Systems Act, read together with the Structures Act, where after a majority of Councilors (113) have petitioned the Speaker, request the City Manager to preside over the extraordinary council meeting,” Makhubo said.

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This was not the first time that opposition parties in council have had to come together to challenge the Speaker of Council.

Tshivhenga has been accused of representing the interests of the EFF in council more than those of the residents of the City of Ekurhuleni.

“It follows therefore that the Speaker has consequently transgressed both the law and violated council resolutions. This illegal decision again highlights Cllr Tshivhenga’s complete disregard for council procedures and the EFF’s determination to undermine every democratic process in council which does not suit them,” Makhubo said.

He said the City of Ekurhuleni has experienced poor service delivery since the ANC-EFF coalition materialised. He also accused Tshivhenga of acting illegally and without regard for the residents of the City of Ekurhuleni.

“The unilateral decision of the Speaker is an illegal decision that not only violates a council resolution to convene within seven days, but also rule 35 (6) of the Standing Rules of Council, that affords the Speaker a right to postpone/cancel a Council meeting 72 hours before a scheduled Council meeting,” he said.

DA wants new elections, ANC-EFF negotiating

Meanwhile, the DA said it would continue to call for fresh elections in the City of Ekurhuleni. DA former mayor Tania Campbell, in a statement, said she believed a dissolution of council was the only way to save the municipality from collapsing. There had been fears that the municipality would be put under administration if the political situation in the municipality did not stabilise.

Meanwhile, both the ANC and the EFF were mum about their preferred candidate for the mayorship of the city but there had been reports that the two parties were still in negotiations.  

ALSO READ: ANC rethinks Ekurhuleni coalition with EFF