High Court grants DA urgent application to challenge ousting of Tshwane mayor, speaker

2019-12-27 13:42
City of Tshwane Mayor Stevens Mokgalapa (Tshidi Madia, News24)

City of Tshwane Mayor Stevens Mokgalapa (Tshidi Madia, News24)

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The Gauteng High Court in Pretoria ruled on Friday that the DA's application over the motions of no confidence against City of Tshwane Mayor Stevens Mokgalapa and Speaker Katlego Mathebe is urgent.

The matter relates to the legalities around a council sitting on December 6 that resolved to oust Mokgalapa and Mathebe. 

"I hereby make the following order; that both will be enrolled and heard as matters of urgency in terms of Rule 6(12), and the non-compliance with all other prescripts relating to time periods is condoned to the extent necessary," Judge Neil Tuchten said in his judgment.

Judge Tuchten further added that, as a result, the decisions taken in the December 6 council sitting are suspended pending the final determination of review proceedings to set such actions aside.

This includes the decision to appoint Obakeng Ramabudu as acting speaker, as well as the adoption of the motion of no confidence in Mathebe and Mokgalapa. This means that both will retain their positions for now.

The Democratic Alliance lodged a court application in a bid to challenge a decision by the Tshwane special council, saying the processes to remove Mathebe and Mokgalapa were unlawful, News24 reported.

READ | DA vs ANC: Court battle for City of Tshwane postponed to Thursday

The motions of no confidence were brought forward shortly after audio was released of Mokgalapa allegedly engaging in an intimate act with former Transport MMC Sheila Senkubuge.

Senkubuge has since resigned from the post, around the same time that her citizenship was brought into question.

The Electoral Commission of South Africa (IEC) later confirmed that she was a verified citizen at the time of her appointment, according to the voters' roll.

ALSO READ | Senkubuge was a citizen at time of Tshwane appointment, according to voters' roll - IEC

Mokgalapa was put on special leave, pending investigation into the release of the audio recording.

DA member of the Gauteng legislature Mike Moriarty - during a previous court appearance - told the media that he could not speak about Mokgalapa's future as the mayor.

"All I can tell you is that he is still on special leave. He has to answer to some very serious charges. I would imagine that it would conclude by next year," he previously said.

The DA has been given seven days to submit their review application. 

Read more on:    da  |  pretoria  |  politics  |  courts

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