Tshwane council promises stable leadership as they return

One of the priorities of the Tshwane council will be to stabilise the metro’s administrative leadership to get rid of the previous chaotic state that led to it being dissolved. After eight months of councillors being out of the council, Tshwane metro speaker Katlego Mathebe said one of the council’s priorities would be to restore stability in council after it was dissolved following political disputes. The disputes started back in late 2019 and were carried over to early 2020 as EFF and ANC councillors called for Mathebe to step down and walked out of meetings when this did not happen.During a press briefing on Tuesday, Mathebe said as she resumes at office she would concentrate on council matters and stay clear from party politics.Mathebe was confident that all political parties would be present at the council for mayoral elections. This after the High Court’s judgment compelling councillors to attend the council meeting unless they would have a lawful reason not to do so. “The high court mandamus compels councillors now to be present at the council and remain there – that is one hard control to ensure everyone would be present. In terms of the code of conduct of councillors it expects them to be there unless they have applied not to attend,’’ Mathebe said. Council will convene differently on Friday. It’s expected that 121 councillors, (46 DA, 42 ANC and all of EFF councillors) would be at the chambers together with members of the smaller parties to adhere to Covid-19 health regulations. While others will be at other facilities in the metro, Mathebe said members with comorbidities would have special votes. READ MORE: Better transport system aimed for Gauteng municipalities  This comes after an SCA five-bench judge ruling, that saw the DA winning the case by a majority as three judges dismissed the provincial government ruling DA’s application to have councillors back while the constitutional court decides on the legality of the Tshwane administration. The 27 October court judgment read: “the running of the City of Tshwane by an unelected administrator is the very antithesis of democratic and accountable government for local communities, enshrined in 152(1)(a) of the constitution. The court’s order properly ensures that the councillors, duly elected by the citizens of Tshwane in 2016, are allowed to resume their rightful constitutional role, powers and responsibilities. The order gives effect to the rights of voters and preserves the autonomy of local government. It cannot be faulted. In the result, the appeal is dismissed with costs, including costs of two counsels.’’ Meanwhile, two judges were of a different view to this judgment as they stated that the high court judgment appeal noted that council was dysfunctional because of political turmoil, therefore they did not believe its temporary reinstatement would ensure stability. “It is lamentable that the obstructive conduct of councillors caused the paralysis of the Tshwane Council. However, it is difficult to comprehend how the interim enforcement of the order requiring the Tshwane councillors to attend council meetings and to remain in attendance, would remove the underlying acrimony, strife and political machinations that caused the Tshwane council to become a lame duck,” they said. “For these reasons, I hold that the appointment of an administrator endures until a newly elected municipal council is declared elected, irrespective of the expiry of a period of 90 days after the dissolution. In my opinion, therefore, the mainstay of the interim order was legally untenable. For this reason alone, the appeal should succeed.’’

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