Cape Town - Provincial authorities are investigating the stripping of Patricia de Lille’s executive powers after the city’s DA caucus led the charge to demote her to a ceremonial mayor.
Anton Bredell, MEC local government, said in the Legislature his department was studying legal opinions and had written to Speaker Dirk Smit for the correct wording of the adopted rules and procedures.
“This is a very complex issue because we have three government spheres. I am currently studying two legal opinions and have written to the council Speaker. We will do a thorough investigation into the matter and provide full answers,” he said.
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He was responding to questions from Pierre Uys, ANC chief whip, during a sitting in the Legislature.
“We are now in a situation where very little decisions can be made by the mayor. There are a range of issues with the DA’s actions in Cape Town,” he said.
“I have an understanding of the situation, but I am working through legal opinions and making sure that we have everything right. We will not back down from taking action, because the law has to be followed. This is a serious matter, every municipal council has to follow the law and as you might know our municipalities have an executive mayoral system. We are busy analysing the matter. It is our job,” he said.
The motion to have De Lille stripped of her powers effectively means designated authority is to be decided on by the mayoral committee. “In the case of ceremonial duties of the executive mayor, the mayor shall conduct ceremonial duties as listed by the current (legislation),” the recommendation, now a law, reads.
The mayoral committee also needs to be considered in respect of ceremonial duties, and consensus is required before any decision can go ahead. De Lille’s travelling is also to be curtailed and needs to be approved by the mayoral committee.
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“Consideration of the mayoral committee shall be on the basis of consensus. If there is a lack of consensus, the matter should be referred to the speaker, Dirk Smit, for allocation of civic and ceremonial duties. In such cases, the speaker must submit a consolidated report of such decisions to the next council meeting for noting,” the report said.
Smit should also compile and present a consolidated report to the council.
At the council meeting where De Lille’s powers were stripped, ANC opposition leader Xolani Sotashe pointed to some DA councillors who had turned their back on De Lille while she was delivering her address to council.
But De Lille did not react to the councillors who turned their backs, among them metro chairperson Grant Twigg and councillors Malusi Booi and Angus McKenzie, whose back was half-turned.
De Lille will be return to court again where the Western Cape High Court judges will deliver judgment in her case against the DA, possibly by the end of the month.
@JasonFelix