AS IT HAPPENED | ANC, EFF threaten legal action over motion of no confidence in Stevens Mokgalapa

2019-11-28 09:22

The back and forth between political parties in Gauteng continues as Tshwane Mayor Stevens Mokgalapa faces a vote of no confidence.

Stevens Mokgalapa

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Last Updated at 02:42
28 Nov 18:30

The ANC has written to Tshwane council speaker Katlego Mathebe imploring her to allow its motion of no confidence in Mayor Stevens Mokgalapa to go ahead or face legal action.

The EFF in Tshwane also sent a letter to Mabethe through their lawyers, explaining that their motion of no confidence in Mokgalapa does not violate the rules of council.

According to the letter, the speaker informed the EFF verbally that their motion is not compliant with the City’s rules, orders and bylaws.

The letter also pointed out the rules and said the motion complied with all the sections.

“We therefore write to demand that when the motion arrives, the speaker should table it for consideration by the council or we will have no choice to approach the court on an urgent basis and will request the court to order the speaker to pay personal costs,” the lawyers letter read.

No-confidence motion: Lawyers' letter and confusion over who is now Tshwane mayor

Both the ANC and the EFF have written to Tshwane council speaker Katlego Mathebe imploring her to allow the parties' respective motions of no confidence in Mayor Stevens Mokgalapa to go ahead or face legal action. In a lawyer's letter, seen by News24, the ANC instructed Mathebe to allow its motion to be heard in the council.

28 Nov 17:09

28 Nov 17:02
#TshwaneCouncil Shivambu added that the speaker will be bringing up technical issues on the EFF’s motion of no confidence against Mokgalapa. He adds that council has to allow the motion to go forward. Tweet from @AlexMitchley

28 Nov 16:58
#Tshwanecouncil Shivambu has said the EFF will be writing a lawyers letter to the speaker, accusing frustrating the council process. He added that they might even consider litigation is council process is further frustrated and delayed. Tweet from @AlexMitchley

28 Nov 16:53
#Tshwanecouncil speaking to journalists, Shivambu says that there will be an EFF [Mayor] either in Tshwane or Johannesburg soon. He adds that now it’s just a matter of engagement. The EFF will support whoever supports them. Tweet from @AlexMitchley 

28 Nov 16:39

ANC left fuming after DA postpones Johannesburg mayor vote over quorum

The three major parties in the City of Johannesburg council will have to go back to the drawing board to ensure their respective candidates take over as mayor after the mayoral election was postponed on Thursday.

28 Nov 16:31
#Tshwanecouncil and now we have gotten to the acting mayor Abel Tau’s opening address at 16:30. This signifies that we will now start moving through the agenda. Tweet from @AlexMitchley

28 Nov 16:27

28 Nov 16:17
#Tshwanecouncil DA councillors and ANC councillors are taking turns to have a go at one another on points of order. Karen Meyer of the DA says they are also prepared to spend the next seven days and nights here. Tweet from @AlexMitchley 

28 Nov 16:15
#Tshwanecouncil Ramabodu of the EFF says they are prepared sit in council for the next two days to remove Mokgalapa as mayor. Tweet from @AlexMitchley 

28 Nov 16:14
#Tshwanecouncil EFF deputy president Floyd Shivambu has just arrived at council and taken a seat in the gallery. Meanwhile, ANC councillors are complaining about the speaker, asking that she leave and allow the deputy speaker to chair the session. Tweet from @AlexMitchley

28 Nov 16:14
#TshwaneCouncil is back in session. ANC say they will not be collapsing council and they are ready to sit here all day to get through the agenda. Tweet from @AlexMitchley

28 Nov 14:26
#TshwaneCouncil has adjourned for lunch. Tweet from @AlexMitchley

28 Nov 14:03
#TshwaneCouncil will now go into committee to approve the minutes of a portion of the last council sitting that was also in committee. ANC is arguing against going into committee. Tweet from @AlexMitchley

28 Nov 13:54
#TshwaneCouncil councilors asking the Speaker: "Are you nervous?" Speaker can't contain herself and starts laughing. Councillors are mimicking Mokgalapa who purportedly asked MMC Sheila Senkubuge if she made her nervous which was captured on a audio recording. Tweet from @AlexMitchley

28 Nov 13:53
#TshwaneCouncil the Speaker has convinced the sitting to deal with the unopposed motions before they get back to the issues that have been debated since this morning. Tweet from @AlexMitchley

28 Nov 13:35
#TshwaneCouncil Speaker Katlego Mathebe has now read out the letter by Mokgalapa that appointed Tau as the acting mayor. Arguments continue. Tweet from @AlexMitchley

28 Nov 13:28
#TshwaneCouncil The speaker now clarifies that Tau has been appointed as the acting mayor by way of letter from Mokgalapa. Tweet from @AlexMitchley

28 Nov 13:23
#TshwaneCouncil Seems like Mokgalapa's leave has been withdrawn now, so now there is an issue of whether he is the mayor or if MMC Abel Tau is the acting mayor. This has a bearing on the councils running, parties are arguing. Tweet from @AlexMitchley

28 Nov 13:22
#JhbMayor so the speaker says to us now; a legal opinion is needed to resolve the ambiguity in the structural act Vs the council rules, which says majority is 50 + 1. Tweet from @tshidi_lee

28 Nov 13:07
#JHBMayor Moriarty on whether they would vote for an EFF candidate? Tells @TeamNews24 they'd have to consider it. They prefer to retain the status quo - EFF voting with them. Tweet from @tshidi_lee

28 Nov 13:00


JHB - Different parties are addressing the media outside council building

Tshwane - Councillors still arguing over Mokgalapa's leave. Agenda hasn't started yet.

28 Nov 12:52
#JHBMayor Moriarty: Long and short of it citizens of Joburg deserve good governance. Tweet from @tshidi_lee

28 Nov 12:51
#JHBMayor DA GP Chair Mike Moriarty saying it's political drama. Says the speaker's actions were correct. He goes on to say whatever the ANC and EFF were cooking failed. Tweet from @tshidi_lee

28 Nov 12:47
#JHBMayor Legoete accuses EFF & DA of having sour grapes... describing speaker as mediocre, lazy. Speaker standing on the side amused; saying yes, next thing they say I'm the gundwane. Tweet from @tshidi_lee

28 Nov 12:44
#JHBMayor Legoete calling the DA irresponsible, reckless and bad for democracy... says it this is how civil wars start. Accusing the DA of not wanting to give up power, while the ANC accepts losses. Tweet from @tshidi_lee

28 Nov 12:41
#Tshwanecouncil still issues surrounding the leave of Mokgalapa being argued in council. EFF correctly points out that Mokgalapa released a statement saying he has taken special leave, but today his leave was approved by Chief whip as ordinary leave. Tweet from @AlexMitchley

28 Nov 12:40
#JHBMayor Dakota Legoete from national office stepping in, says the ANC is going to court for the purpose of justice "speaker here is mediocre"; continues to question the speaker's actions and says the DA is not concerned with service delivery. Tweet from @tshidi_lee

28 Nov 12:39
#JHBMayor ANC's Dadda Morero says they will go the legal route, believe the DA has taken an illegal route in postponing this session: "They know the ANC and its partners were going to win today." Tweet from @tshidi_lee

28 Nov 12:32
#JHBMayor Shivambu saying the EFF is likely to also field a candidate for mayor of Tshwane, no name yet, that will happen after the current mayor has been removed. Tweet from @tshidi_lee

28 Nov 12:31
#JHBMayor EFF deputy president Floyd Shivambu says they will still field Musa Novela as their mayoral candidate next week. Tweet from @tshidi_lee

28 Nov 12:29
#JHBMayor election of mayor for the city of Joburg has been postponed to 4/5th of December over different interpretations of the majority of council. Tweet from @tshidi_lee

28 Nov 12:24
#JHBMayor ANC people in the gallery feeling like the EFF is behind the postponement, hear one complaining of how unfair the fighters are being... remember just minutes ago the EFF didn't get its way with ANC. Tweet from @tshidi_lee

28 Nov 12:23
#JHBMayor Former MMC Tshidi Mfikoe threatening court action against speaker, saying he's not fit to oversee the election of a mayor. Tweet from @tshidi_lee

28 Nov 12:15
#JHBMayor ANC says this is not the first time the city elects a mayor, questioning the conflict and sudden confusion. Tell the speaker this makes his office look incompetent and say they want the IEC to address the council over this issue. Tweet from @tshidi_lee

28 Nov 12:14
The EFF says it does not oppose a postponement. Tweet from @lizTandwa

28 Nov 12:14
EFF councillor says whether it's today or tomorrow we are ready to take the seat of the mayor. Tweet from @lizTandwa

28 Nov 12:13
Da Gama: We asked for time to consult but also look for an opinion o ensure that we come back. I am asking for a postponement for the 4th or the 5th. Tweet from @lizTandwa

28 Nov 12:12
#JHBmayor Da Gama asking for a postponement until the 4th/5th of December, will seek an independent opinion. Tweet from @tshidi_lee

28 Nov 12:12
#JHBMayor Da Gama struggling to communicate, trying to explain the legal advice he had received over the numbers. ANC suggesting he turns to the IEC for advice. Speaker says he's not done with his announcement. Tweet from @tshidi_lee

28 Nov 12:11
#JHBMayor back in session, speaker suggesting today's sitting be postponed the 4th of December, ANC councilors not happy, he can't even finish his sentence. Tweet from @tshidi_lee

28 Nov 12:11
#JHBMayor EFF national leaders all saying 50 + 1, keep saying to me; understand the numbers. Tweet from @tshidi_lee

28 Nov 12:00
#Tshwanecouncil both the ANC and EFF have rejected Stevens Mokgalapa's leave. DA chief whip has told council that he will make the mayor reapply. Parties have now broken for another caucus. Tweet from @AlexMitchley

28 Nov 11:58
#JHBMayor Ace Magashule within earshot, doing a lot of calculating; 136 votes to win. SG definitely sure of getting through the first round. Tweet from @tshidi_lee

28 Nov 11:55
#JHBMayor EFF councilors outside, Floyd Shivambu also out, think he's off to address the caucus. Tweet from @tshidi_lee

28 Nov 11:55
#JHBMayor speaker taking a 5 minute break, counting seats. 136 votes needed to win the mayorship. Tweet from @tshidi_lee

28 Nov 11:44
#TshwaneCouncil parties broke for a party caucus meeting and now a multiparty caucus meeting is under way. We haven't yet reached the first item on the agenda. Tweet from @AlexMitchley

28 Nov 11:34

28 Nov 11:31

Last minute haggling has been taking place in the public gallery between national leaders of the ANC and the EFF at the Johannesburg council meeting.

Council has been convened to elect a new mayor following Herman Mashaba's resignation.  

ANC's secretary general Ace Magashule and EFF deputy president Floyd Shivambu have spent much of the morning going back and forth in discussions regarding the day's expected outcome.

The two parties and the DA have each fielded their own candidates, with much expectation that the EFF's candidate Musa Novela would be eliminated after the first round of votes.

A national leader speaking to News24 off the record said the EFF was negotiating with its ambitions to take over the City of Tshwane in mind.

"They want Tshwane and are discussing for both cities," said the source.

The EFF is apparently hoping the elections would be delayed, giving it more time to negotiate with the ANC.

News24 also understands the EFF also has a problem with the ANC's mayoral candidate Geoff Makhubo.

Makhubo also has been seen in an intense caucus with Shivambu and Magashule.

28 Nov 11:18
Speaking to one of the national leaders here, says EFF seems ready to talk, he says even the idea of delaying the election of a mayor is possible. Says the EFF also seems unhappy with Geoff Makhubo but that it’s not up to them, ANC’s made its decision. Tweet from @tshidi_lee

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