Endumeni Municipality is again in a state of flux this morning after yesterday’s Council meeting which declared null and void a September meeting that, among other things, uplifted the suspension of Municipal Manager, TP Biyela.

Mayor Thulani Mahaye objected vehemently against the decision that was supported by the three DA Councillors and two of his own ANC colleagues.

The two IFP Councillors, two ANC Councillors and the lone NFP Councillor were not at the meeting.  Earlier, the DA called on Mr Biyela to recuse himself from the meeting after the minutes of the September 25 meeting were not accepted.  He did walk out after which Mayor Mahaye voiced his objection and called for for experts to examine the recording devices that minuted the meeting.

Councillor Anthon Raubenheimer’s opinion was that the meeting that uplifted Mr Biyela’s suspension and dissolved the Municipal Public Accounts Committee, MPAC, was not quorate  as only six Councillors were present when the decision taken.

A debate ensued during which Council’s legal department were asked to read out the standing rules that clearly stated that a quorum for the Endumeni Council is seven Councillors.

“The two DA Councillors left the meeting -as is minuted – after which there was a lengthy discussion – also minuted – and the resolution taken to uplift Mr Biyela’s suspension.  This illegal decision revoked a previous Council meeting and this process was also illegal and and not in terms of the Municipal Systems Act.”

Councillor Dlamini of the ANC said the decision to declare the September 25 meeting null and void impacted on other decisions taken since then.

Speaker Mdluli commented that Councillors must be accountable should they transgress and be part of illegal actions.

A vote by majority ruled that Council did not except the minutes of the September meeting. Only the Mayor objected to the resolution.

Councillor Adam then called on Mr Biyela to recuse himself which he did. Just after Mayor Mahaye also left the meeting – rendering the meeting inquorate as there were only six Councillors present.

However, the resolution to declare the September meeting stood.  There is now uncertainty if former Acting Municipal Manager, Advocate Brijraj (appointed in July through the Department of Corporate Governance and Traditional Affairs) would return to the office.

Whatever the outcome it appears that Endumeni Municipality is going to end 2013 in turmoil.  Other staff appointments made since the September meeting will also be overturned which could lead to much angst.