The DA is heading to the Middelburg High Court on June 14, in an attempt to get Govan Mbeki Municipality’s council speaker, Fikile Magagamela, removed from her post after a motion of no confidence (MONC) was tabled on March 31.
DA caucus leader, Encee van Huyssteen and deputy chairperson of the DA’s Federal Council, James Masango, addressed the media on Wednesday, May 31, the same day on which GMM’s mayor, Nhlakanipho Zuma, held his State of the Municipality Address (SOMA).
A motion of no confidence was voted against Magagamela 33-26 to vacate her post as the speaker of GMM, but to date, she remains in her seat.
The DA has not been attending any council meetings and said they were also not attending the SOMA.
This is because the DA believes that the speaker is illegally occupying her position and is illegal presiding over meetings and the high court judgement will be in the DA’s favour.
“The motion was submitted in accordance to the structures act and to our council standing orders.
“We have now decided, after exhausting all internal processes within our municipality, and the refusal by the acting municipal manager, Lizzy Tshabalala, to call a council meeting to elect a new speaker, to ask our lawyers to step in and intercede,” said Van Huyssteen.
The DA has asked the court to treat this matter as urgent and requested the court to declare the following:
• That Magagamela is not the speaker currently.
• To order the acting municipal manager to call a council meeting to elect a new speaker
• Should the MM fail to call a meeting, the court to ask the MEC of CoGTA, in line with the structures act, to appoint somebody to call the council meeting to elect the new speaker.
• That the acting municipal manager Lizzy Tshabalala pay all costs of court proceedings
“In any democratic country, the simplest method that is being used to ascend to a position through an election is by a majority vote. Similarly or equally if you are being removed from the position, it is also by the majority vote. It has been the same in our council, legislatures and parliament meetings.
“The only difference that took place on that day is that the ANC after the vote was passed, used their arrogant bullying tactics and all to delay the removal of the speaker.
“There was absolutely nothing left to save Magagamela as a speaker,” said Masango.
Masango said that GMM should have waited for the court ruling before proceeding with the SOMA.
“Once the court has ruled, you must call for another SOMA, which is then going to be a waste of money and time,” said Masango.
The DA is confident that the court will rule in their favour and that everything that had happened in council, since the motion of no confidence vote until the end of court proceedings, will have to be redone.
“We believe in the rule of the law of this country. If the judge rules in our favour, then the ANC has a problem because we will have to redo everything again,” said Van Huyssteen.
Should the judging be in favour of the ANC, depending on the ruling and advice by the lawyers, the DA will consider an appeal as advised by their lawyers.
The DA said they respect the separation of powers and therefore respect the court judgements.
Even without a win or appeal, the DA will continue with their duties in council meetings.
“We have been asked by our voters to represent them in council and we do that to the best of our ability.
“Whether we are in the ruling party or the opposition, we will try and represent our people to the best of our abilities, because I believe we are the best party suited to look after our voters and residents of GMM,” said Van Huyssteen.
He said no matter what the outcome of the court proceeding, the DA will stick to the law and not transgress like the ANC.
