The DA’s latest attempt to remove Tshwane Speaker of Council Alderman Mncedi Ndzwanana has failed.

Acting Speaker Alderman Seabelo Marishane dismissed the DA’s motion of no confidence during Thursday’s council meeting.

He ruled that council could not consider the motion because the matter is still before the courts.

The DA brought the motion alleging that Ndzwanana acted unlawfully during a July council sitting, where the court revealed that he allegedly deducted 13 votes from the outcome of a vote that led to the suspension of City Manager Johann Mettler.

The party accused Ndzwanana of manipulating the vote and failing to act impartially as Speaker.

This is the third DA-led attempt to remove Ndzwanana since the current coalition took office.

A previous motion in June last year also failed after 114 coalition councillors voted against it, while one councillor abstained.

Marishane said the motion could not proceed because council rules prohibit debates on matters that are still before a court.

He referred to Section 19(3)(a) of the Rules and Orders of Council.

“The subject matter of the motion is currently pending before a court of law, and a judicial decision in respect thereof is outstanding,” he said.

Marishane said the rules require the Speaker to reject such motions.

“It would be procedurally irregular for council to entertain or determine the motion while the matter remains sub judice. This could interfere with or potentially undermine the judicial process,” he said.

He then disallowed the motion until the court case has been finalised.

The ruling drew an angry response from the DA.

Brink said the ANC, EFF and ActionSA had protected Ndzwanana from accountability.

“The ANC/EFF/ActionSA coalition blocked a DA motion of no confidence against the city’s vote-rigging Speaker, Mncedi Ndzwanana,” Brink said.

He claimed the Speaker’s legal team had never disputed that the votes were altered.

Brink also alleged that Mettler was targeted because he stood in the way of irregular tenders.

“We believe the vote-rigging was a concerted attempt by the coalition of corruption in Tshwane to remove Mettler because he is an obstacle to the awarding of irregular tenders,” he said.

Brink rejected Marishane’s ruling.

“The court proceedings do not deal with whether Ndzwanana should remain Speaker,” he said.

He said the decision showed that ActionSA continues to support Ndzwanana despite its public criticism.

ActionSA dismissed the DA’s claims.

National chairperson Michael Beaumont said the party does not support motions of no confidence unless an alternative office bearer is proposed.

“As a rule, ActionSA does not support motions of no confidence that are tabled without any clear alternative office bearers being proposed,” Beaumont said.

“The DA’s statement, and their motion, is political posturing designed to deflect from their indisputably poor record in misgoverning the City of Tshwane,” Beaumont said.

Ndzwanana remains Speaker while the legal challenge over the July council vote continues before the courts.

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