The office of Tshwane council Speaker Mncedi Ndzwanana was on Thursday mum on whether a motion of no confidence against the embattled mayor Cilliers Brink will be tabled during today’s ordinary council sitting.
This was after Brink and his political party, the DA, approached the Gauteng High Court, Pretoria, on Thursday with a view to fight off motions of no confidence by the ANC seeking to remove him from power after he assumed the position in March last year.
In court papers, Brink cited that the motions were dated July 22 and August 27, respectively.
He said though the ANC announced the withdrawal of the July 22 motion, Ndzwanana decided to allow it to be a deferred motion for the continuation of the council meeting on Thursday. The motion was, however, formally withdrawn by the ANC.
It remained to be seen if today’s ordinary council would entertain the second motion to oust the mayor.
Brink contended in court papers that Ndzwanana made unconstitutional and unlawful decisions concerning two ostensibly urgent motions, presented by ANC councillor France Boshielo.
He wanted the court to declare Ndzwanana’s decisions unconstitutional and unlawful.
According to him, his removal from office in line with the motions dated July 22 and August 27, respectively, would also violate Section 58 of the Structure’s Act, “which expressly requires that prior notices of an intention to move for the removal of the executive mayor must be given”.
“The council’s observance of a fair process is a cornerstone of democratic governance. It ensures that an executive mayor facing removal be given a fair chance to present their case. As the executive mayor, I should have been given adequate notice of the August 27 motion against me.
“The time the Speaker gave me to consider the motion is insufficient to prepare a defence, gather necessary documents and seek legal advice,” he said.
He also said in court papers that Boshielo did not submit the motion dated August 27 on time and as a result it was not discussed during a programming committee meeting on the day in question.
“The Speaker’s decision to make an impugned decision and include August 27 motion in the notice of August 30, 2024, is patently unlawful and unconstitutional,” he said.
On the basis that both motions had now been legally challenged, he said, the Speaker had to disallow it in terms of council rules.
The court challenge was launched in light of a letter Brink’s lawyers wrote to Ndzwanana on Wednesday, asking him to confirm if the July 22 motion was withdrawn and would not serve before the upcoming council meeting.
In the letter, the lawyers cited that the motion had to be received at least 15 working days prior to the meeting.
During the council meeting on Thursday, the EFF accused Brink of wanting to hold on to power as if he was “born a mayor”.
Party leader Obakeng Ramabodu said: “There is a trend that is happening with the people who love power as if they were born for that. I don't know whether it is power or white supremacy. People are mad with power.”
He also took potshots at Brink for his comments that the EFF was an “anti-constitutionalist, anti-non-racial party”.
Brink made the comment during a media briefing on Wednesday at Tshwane House, where he also expressed concern about ActionSA leader Herman Mashaba’s social media attacks on the coalition, saying they didn't reflect anything said at the local level.
Ramabodu said: “Why do you mention the EFF while you are faced with a motion of no confidence? You mention the EFF that hasn’t even tabled a motion of no confidence. Does your hatred for this party make you every time when you open that mouth of yours and mention the EFF?”
ActionSA on Thursday announced it had decided to ditch the coalition after it earlier in the week said it was in the process of reviewing its position within the multi-party coalition led by the DA.
In reaction to ActionSA’s stance, Brink said he regarded it “as betrayal of our coalition and of the residents of Tshwane”.
Regarding the way forward, he said: “I am glad that the motion of no confidence has been withdrawn, at least according to what the ANC has told the media.”