‘Let us agree to disagree’

 Sir,

Without mincing my words, the NFP has ever been against the suspension of the Municipal Manager from the outset – it was illegal and unconstitutional to suspend the municipal manager in the first place.

On September 25, 2013, the Exco in a meeting withdrew all charges against the municipal manager. He was asked to commence duties on October 1, 2013.

This meant the acting municipal manager, Adv R Brijraj, had to step down. The Exco resolution was taken and implemented.

The Exco acted under its delegated powers as stated under paragraph 2.4: Delegation of Powers: ‘All the powers of the municipality that have not been reserved for the Council, or that have not been delegated to a political structure, political office-bearer or employee of the Council, are delegated to the Executive Committee of the Council.’

The Council did not sit on September 25, 2013; members who were not part of the resolution cannot simply cancel or rescind what was resolved by the Exco, but can introduce the same topic for discussion in a motion, and the matter will be debated again.

The Executive Committee is the committee which receives reports from other committees of the Council, and must forward such reports, together with recommendations, to the Council when it cannot dispose of the matter in terms of its delegated or statutory powers.

In the matter of Municipl Manager TP Biyela, there was no need to forward the matter to Council because it was within the powers of the Exco to dispose of the matter the way it did (see 4.2: Executive Committee Delegated Powers).

There are however matters which cannot be dealt with by the Exco; section 160(2) of Chapter 7 of the Constitution of the Republic of South Africa, 1966 provides: ‘The following functions may not be delegated by a Municipal Council: a) The passing of by-laws; b) The approval of budgets; c) The imposition of rates and other taxes, levies and duties; and d) The raising of loans.

Resolutions passed by the Exco in the September 2013, October 2013 and November 2013 meetings, which included the paying back of pension money by a senior official of the municipality, have had and will have the full support of the NFP.

The NFP disapproves the assault of Adv R Brijraj. This act was uncalled-for. However, the confusion was caused by a letter purported to have been written by the Speaker Cllr SB Mdluli, informing the advocate to resume his duties. It is only the mayor who can give instructions to resume duties, and not the Speaker. What happened was a result of confusion.

I warn all perpetrators of this uncertainty to refrain from acts of confusing the people, with the aim of putting this municipality under administration.

May the DA study the true facts of the matter before suggesting putting this municipality under administration. In reference to items in the Courier dated January 10: It is really cowardly of DA countillors to walk out of the Council, with their supporters, while matters are under discussion. Let us agree to disagree, without being disagreeable.

Cllr TB Mkhize – Deputy Mayor and NFP Whip