ANC continue to destabilise Mogale City by using invalid Council Rules

8 February 2017

The ANC continues to destabilise the Mogale City Municipality by applying rules of council that have not been correctly promulgated and therefore hold no legal status.

It is the view of the majority that the rules debated and ‘accepted’ by the council in December 2016 are not valid as they were not promulgated in the Government Gazette and that the previous rules of 2001 were not rescinded. In addition, no public participation took place in terms of deriving the 2016 rules, which is contrary to a legislated requirement.

The ANC Speaker of the council has been insistent on using the 2016 rules because they give him the latitude to make decisions not provided for in the 2001 rules. Thus the request for a meeting to debate a motion of no-confidence was turned down by the Speaker on this basis.

There is little doubt that it is part of the strategy to frustrate the wishes of the majority of councillors and the ruling multi-party government by taking advantage of the uncertainty as to which rules apply. These invalid rules inhibit the Executive Mayor and his team from performing their constitutional and legislated duties.

Questions have been asked about the motivation of Paul Mashatile, Gauteng MEC for COGTA, in this matter. His office promised to provide legal advice by the 31st January to resolve the uncertainty. He has not done so and the suggestion has been made that it suits him and the ANC that the uncertainty persists.

The ANC need to understand that their on-going attempts to frustrate the wishes of the majority of councillors will not fall on fertile ground. Democracy will prevail.

Issued by Alan Fuchs, DA Constituency Head: Mogale City, 8 February 2017