The existence of the current ward committee structures in the Tshwane metro has been declared null and void.
The metro’s court appeal against the disbandment of ward committees was lost on Wednesday when the Supreme Court of Appeal ruled out the legality of such ward committees in one short sentence: “The leave to appeal is dismissed with cost on the grounds that an appeal has no reasonable prospect of success”.
The Democratic Alliance (DA) successfully obtained a High Court ruling earlier to declare these ward committees void. The Tshwane metro continued to uphold ward committees and appealed to the Supreme Court, who has now dismissed the appeal.
In spite of the Supreme court’s ruling, the Speaker of Tshwane metro, Audrey Mosupyoe-Letsholo Morakane, sent out messages on Wednesday inviting people to a ward committee training session scheduled for Saturday 13 September in the Ou Raadsaal.
On a question why the metro is ignoring the court order, Morakane said she was not prepared to speculate on the verdict and that, “I have to study it first and then consult with my office before I can make any other statement.” She did not confirm whether the proposed ward committee training session would still take place.
The DA applied for the setting aside of the ward committee elections following disputed elections based on a by-law that had been found to be unconstitutional and an election process that the DA claimed was rigged in favour of specific candidates.
In many cases, neither the public nor councillors were informed of the date and place of the elections. This brought about the election of entire ANC branch committees to the paid positions of ward committee members.
According to André van der Walt councillor of ward 101, ward committee members are paid a monthly remuneration by the city. “It left us with no alternative other than to approach the High Court to void the elections after the Speaker refused to rectify the illegal ward committees.”
Lex Middelberg of ward 91 said the DA repeatedly warned the Speaker of Council, the Executive Director, the Mayor and the City Manager, Jason Ngobeni that the elections were illegal.
“Despite our warnings and their knowledge of the High Court’s order, these individuals who are legally responsible for the payments made by the City, have continued to pay out money and chose to pursue mindless appeals one after the other, knowing full well that the payments are irregular and unauthorised,” Middelberg said.
He said the High Court order declaring ward committees void is effective since 2012. As a result approximately R10 million has been paid out to a third party “service provider” to run the flawed elections, as well as the R12,6 million annually to ward committee members over a period of two years and eight months.
“This in terms of section 32 of the Municipal Finance Management Act (the MFMA) constitutes irregular and unauthorised expenditure and stands to be recovered from the Speaker, the Executive Director of her office, the City Manager and the Mayor in their personal capacities in terms of the MFMA. In total an amount of about R43,6 million must accordingly now be re-paid to the city by these individuals,” Middelberg said.
“It is expected that these individuals will try to construct a further appeal on constitutional grounds to the Constitutional Court. Such an application for the right to appeal will however not suspend the court order as the principle of ‘legality’ applies. In terms of this principle, where a prior court had found that something is unconstitutional, it remains unconstitutional until the Constitutional Court has pronounced otherwise if ever,” he said.
Van der Walt said that the DA will now begin another “Pay back the money” campaign against these office bearers “We will now drive the process to recover the money from them in their private capacities, if need be, by way of a further court process.”
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