ANC's bid to debate vote of no confidence in Mashaba, Da Gama struck from roll

2017-09-26 20:26
Joburg Executive Mayor Herman Mashaba on his 100 days in office. Picture: Jabu Kumalo

Joburg Executive Mayor Herman Mashaba on his 100 days in office. Picture: Jabu Kumalo

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - South Gauteng High Court Judge Sidwell Shangisa has struck from the roll the ANC's bid to have a motion of no confidence in Mayor Herman Mashaba and speaker Vasco da Gama debated before council due to lack of urgency.

He ordered the ANC to pay the legal costs of both Mashaba and Da Gama.

Shangisa said he would give his reasons at a later stage. 

The ANC has since vowed to approach the Constitutional Court on an urgent basis.

"The striking off the roll by the judge doesn't mean that the unlawful and unconstitutional decision by the speaker to refuse to place the motions on the council agenda for September 27, 2017 is correct. The decision by the judge simply means that the matter was not that urgent as there was still an opportunity to table the motions at the November 29 meeting," ANC regional spokesperson Jolidee Matongo said in a statement shortly after the judgment.

Earlier the High Court heard that Da Gama's "blatant" refusal to have the motion of no confidence in Mashaba tabled before council and debated was unconstitutional and unlawful. 

"We ask this court to set aside that refusal decision," Advocate William Mokhari, SC, for the ANC argued. 

Two motions

Mokhari was arguing in a legal challenge by the ANC to force a secret ballot to oust Mashaba. 

There were two motions of confidence - one that seeks to oust Mashaba and another that seeks to oust the speaker. 

The ANC wanted the vote of no confidence to be held during a council meeting on Wednesday. 

If the motion of no confidence passed, the party wanted elections to be held immediately. 

The ANC approached the court on Friday, September 15, after the speaker of the council rejected its calls for the motion of no confidence against Mashaba to be held via a secret ballot. 

Mokhari argued that the 270 councillors must not be denied their right to hold the speaker and mayor accountable. 

He added that Da Gama's stance that he doesn't have the power to hold the motion of no confidence via a secret ballot should be tabled and debated by council. 

He said the ANC had lost confidence in Mashaba. 

'Biggest abuse of court process'

But Tembeka Ngcukaitobi, representing Da Gama, argued that in its court papers, the ANC didn't explain why Mashaba should be voted out on Wednesday and not during a council meeting set down for November 29.

"They can always bring the motion at any stage. Nothing prohibits them from doing it," he said. 

"The case is legally complex and the urgent court was not the right place to hear it."

Meanwhile, Dali Mpofu, representing Mashaba, said the matter was "the biggest abuse of court process that I have seen in my life".  

Mpofu said the case was "premature".

In a previous interview with News24, DA Gauteng leader John Moodey said the ANC's motion of no confidence was part of an attempt to destabilise DA-governed metros, and that he was expecting a similar motion to follow against Tshwane Mayor Solly Msimanga ahead of the 2019 elections.

Moodey dismissed the legal challenge by the ANC to force a secret ballot to oust Mashaba as an attempt to block ongoing graft investigations.

The DA faced criticism for carrying out lie detector tests to determine which members voted with the ANC in Mogale City, leading to the party losing the municipality in Gauteng's West Rand.

On August 8, a motion of no confidence against President Jacob Zuma in the National Assembly saw some ANC members voting with the opposition for Zuma to go.

Read more on:    da  |  anc  |  vasco da gama  |  herman mashaba  |  johannesburg

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Inside News24

 
ADVERTORIAL
Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.

/News
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.