The DA Caucus in the JB Marks Municipality announced on Friday morning that it will not attend the Special Council meeting scheduled for today (Friday, 30 January).

According to DA Caucus Leader in the JB Marks Municipality, Hans-Jurie Moolman, the decision follows a series of questionable actions in which the municipal council via the Speaker as its chairperson, has failed to adhere to its own governing rules of the local legislature.

See the video here

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“We represent the public in the local legislature, an institution that is governed by clear rules. We have now reached a point in the JB Marks Municipality where these rules have effectively been thrown overboard. We are expected to represent the community in meetings where council documents are not provided on time and where notice of meetings is given at extremely short notice, despite having very explicit rules that govern the functioning of our local legislature,” Moolman said in a video posted on Facebook.

A notice published on the JB Marks Municipality’s website indicates that the meeting scheduled for 30 January would consider the Audited Final Annual Report for the 2024/2025 financial year, as well as the Mid-Year Budget and Performance Assessment for 2025/2026. It stated on the notice that it was an ordinary council meeting.

According to Jeanette Tshite, municipal spokesperson, the meeting was actually supposed to be a special council meeting from the onset.

“There was an error regarding the publication of the notice for the council meeting, which stated that it was an “ordinary council meeting” instead of a “special council meeting.”

According to Moolman, matters such as the Annual Report and Mid-Year Budget and Performance Assessment do not qualify as urgent items and have historically been dealt with during ordinary council meetings where notice of meetings and agenda items are delivered to councilors 7 working days in advance of meetings.

The DA subsequently addressed a letter to the Speaker of the JB Marks Municipality, Alderman Rosy Dassie, pointing out that no justification had been provided as to why a special council meeting was convened instead of an ordinary council meeting. The letter also requested that the meeting be rescheduled to allow councilors adequate time to prepare.

In a response received by the DA on Friday morning, the Speaker justified her decision in writing by referring to Rule 3.5 of the JB Marks Local Municipality Rules of Order By-law, issued in terms of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000).

The rule states:
“If the Executive Mayor or Municipal Manager has any item that he or she deems urgent to present to the council for the purpose of noting or consideration on any day after the seventh day, he or she may do so after consultation with the Speaker and the Whippery, provided that such item(s) are delivered no later than two days before the council meeting.”

The DA responded with a further letter, arguing that Sections 2.2 to 2.4 of the Rules of Order had not been applied. Section 2.2 states that:

“The Rules of Order are aimed at allowing free, open and constructive debate during meetings. The rules encourage and promote freedom of expression in such a manner that orderly debate is ensured within the time constraints allocated to meetings.”

The DA further referenced Sections 37(c) and 37(f) of the Local Government: Municipal Structures Act, Act 117 of 1998, which state that the Speaker of a municipal council must ensure that the council meets at least quarterly and that meetings are conducted in accordance with the council’s rules and orders.

“We are increasingly frustrated at being treated as mere rubber stamps. Despite being a council with strong capacity, the Speaker has reduced ordinary council meetings from monthly to quarterly. In their place, special council meetings are now routinely convened at very short notice, with council documents often distributed as late as the night before and the same day as the meeting where they must be considered,” Moolman added.

The Herald also enquired on the reasoning behind ordinary council meetings behind reduced to quarterly meetings.

Tshite responded that this was to give more time for councilors to go through relevant information discussed during meetings and be better prepared for quarterly meetings as a months time would be “short notice.”

Moolman is of the opinion that full and fair participation in council meetings would need better administration from the municipality in order for the DA caucus to be effective, informed and well-prepared when representing the public.

“We are not prepared to attend meetings for the mere sake of attendance and without being afforded the opportunity to full participate in the way it is expected an open and transparent democracy under the Rule of Law,” concluded Moolman.