The African National Congress (ANC) Joburg caucus approached the High Court after its application for a secret ballot motion of no confidence in the mayor and speaker were rejected by the programming committee of Council.
In the motion the party filed against the speaker, coalition partners and the Economic Freedom Fighters (EFF) it says it intends to launch an application at 10am on the day the first of the two-day Council meetings start, 26 September.
The ANC will seek the court to declare that the decision made by the programming committee is unlawful and unconstitutional. The party wants the motion to be placed back on the Council meeting agenda and the court to set aside the decision that Speaker of Council, Vasco Da Gama, could not determine a secret ballot vote.
Former ANC MMC for Finance, Geoffrey Makhubo, in his founding affidavit said Council rules make no mention of voting by secret ballot. “They do not prohibit voting by secret ballot at all. The Constitutional Court judgement has provided guidelines on this aspect – that it is at the discretion of the presiding officer to decide on the mode of voting,” he said.
Council’s leader of executive business, Funzela Ngobeni, previously said the rules of Council make no provision for a secret ballot and require that votes are conducted in the open.
“Our rules also do not afford the Speaker the authority to call for a secret ballot,” he said.
“This stands in stark contrast to the rules of the National Assembly, cited in the recent Constitutional Court judgment, UDM vs Speaker of the National Assembly and others, which do make provision for the Speaker to make such a determination.”
The ANC wants a secret ballot to afford all councillors, even those from the DA, a chance to vote against Mashaba. ANC Joburg spokesperson, Jolidee Matongo, said many DA councillors have in the recent past approached the ANC requesting it to file the motion of no confidence.
Ngobeni also accused the ANC of vote-buying in August last year, saying that it may be happening again.
Matongo said this accusation is baseless and without truth.
Related articles:
Joburg mayor will no longer face a motion of no confidence this month
No confidence debate against Mashaba set for next council meeting
