According to Lucky Mokoena, the chief whip of the independents, they are calling on the ANC and the EFF, who voted in favour of JB Marks, to reverse the decision. He says the community voted for Tlokwe but the council disregarded its input.

‘We further argue that members of the local community have the right to contribute to the decision-making processes of the municipality, through mechanisms and in accordance with processes and procedures provided for in section 5 of the Local Government: Municipal Systems Act (Act 32 of 2000),’ he said

Mokoena says the council violated the Constitution in that the name was supposed to have been subjected to a further 14-day period for a final solicitation of public comments on local media and publication in the Government Gazette. ‘In our view, this did not happen. Moreover, the council resolution doesn’t explicitly outline the mechanism, procedures and process and neither were these publicised in order for the community to object or comment,’ he said.

‘The independent councillors are committed to the notion of value for money and the efficient and sound management of public funds. Our biggest question now is whether there was a breakdown of the total financial projections of the name change process, including marketing and branding costs.’

Mokoena believes there was a serious encroachment because ‘a councillor may not vote in favour of or agree to, a resolution that is before the council or a committee of the council, that is in conflict with any legislation applicable to local government’.

The council has been given seven days to respond to the letter of demand.