EFF objects to proceedings
"Some of the councillors within the ruling party are not happy with the choice of Speaker and would have voted differently."
The EFF in Ermelo has written a letter to the Municipal Manager of Msukaligwa Local Municipality, objecting to last Friday’s proceedings when the Speaker and councillors were sworn in.
The party has labelled the process illegitimate and null and void, because council was established in the absence of a magisterial officer.
The party questions why Municipal Manager Mr Zwelihle “Sabatha” Shongwe carried out the duties of such an officer, because to the best of their knowledge, he is not nor does he have the powers of a Commissioner of Oaths.
The letter states that even though the Constitution and Structures Act are silent on the issue of councillors taking the oath of office, Schedule 2 of the 1996 Constitution can be extended to include councillors.
In terms of this schedule, only judicial officers are delegated the responsibility to administer the taking of an oath by public representatives. Throughout South Africa, the taking of an oath is administered by either judges or magistrates.
EFF councillor Mr Themba Soko raised an objection during the nominations for the council’s Speaker last Friday, when Ms Thulisile Nkosi and Ms Mapulane Nkosi were nominated and the presiding officer called for a vote by a show of hands.
Mr Soko explained that Schedule 3(6)(a) of the Constitution (election procedures) states that “if more than one candidate is nominated, a vote must be taken at the meeting by secret ballot”, but his objection was not entertained.
Mr Soko is of the opinion that Mr Shongwe misled the council despite his request for clarity.
“Whether this was intentional or just an oversight, we cannot speculate. As far as we are concerned, the municipality does not have a legally elected and recognised Speaker. She has no authority to perform any of the functions assigned to a Speaker in terms of Section 37 of the Structures Act. This then nullifies any resolution(s) taken last Friday and beyond.”Mr Soko added that this included the election of the Mayor and Chief Whip.
When asked if he believed the outcome would have been different had the voting been done in a secret ballot, he replied: “Definitely.”
“Some of the councillors within the ruling party are not happy with the choice of Speaker and would have voted differently.”
He said the Municipal Manager must reconvene the council meeting and start the processes again. He added that any expenses incurred by this council will be regarded irregular expenditure and will have to be reported to Treasury.
At the time of going to print, Msukaligwa Local Municipality had not responded to inquiries about the matter.
