‘Misbehave and pay’ – Public officials who ‘rig’ the system in favour of political parties warned

A precedent-setting ruling by the High Court in Johannesburg has warned city administrators across the country that if they try to rig the system unconstitutionally in favour of political parties, they will be personally liable financially.

The court ruling went in favour of Ekurhuleni speaker Raymond Dhlamini and the Democratic Alliance (DA).

They went to court after Ekurhuleni city manager Imogen Mashazi illegally called a special council meeting that resulted in Dhlamini’s ousting and the installation of the Economic Freedom Fighters’ (EFF) Nthabiseng Tshivhengwa last week.

The ruling, including a cost order, was awarded to Dhlamini and the DA against the City of Ekurhuleni, the Gauteng MEC for cooperative governance and traditional affairs and the EFF. Mashazi was spared from the legal bill, but castigated, nonetheless.

Public officials’ constitutional obligations

Acting Judge AC Dodson said in his ruling Mashazi was acting on the unlawful instructions from a number of political parties in council and was not a “lone ranger”, but warned city administrators and public representatives they will be personally liable for legal costs should this behaviour be repeated. He also reminded them of their constitutional obligations.

Ironically, it is Mashazi’s responsibility as city manager to ensure compliance with the court order.

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The DA’s federal chair, Helen Zille, said it was a landmark judgment that will make its impact felt in the future.

“It is a crucial line in the sand for all public officials,” she said. “Public officials cannot become the pawns of a political party giving them instructions to act against the law. They have to remain independent and professionally implement the plans of the legitimate government of the day. It is a crucial precedent that will reverberate in future years.”

Zille called for Mashazi’s resignation.

Mashazi ‘must do the right thing’

The debacle began when Mashazi took it upon herself to call a special council meeting with speaker Dhlamini’s head in the crosshairs.

This, after an earlier council meeting was adjourned following a fracas about agendas and procedures, including a motion of no confidence in Dhlamini.

A huddle followed between Mashazi and parties including the Patriotic Alliance (PA), the African Transformation Movement (ATM) and the Independent Ratepayers Association, along with the ANC and EFF. Then, the special council meeting was called by Mashazi.

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ActionSA reportedly exited the huddle prior to any outcome. PA councillor Dino Peters admitted to the party’s role.

“The motion to remove the speaker was approved to serve in council, the speaker refused to allow the motion to be debated because he was conflicted and protected his salary, while residents suffer a collapse of service delivery,” he said.

“The speaker should do the honourable thing like the former whip of council, who resigned two weeks ago. Randall Williams [mayor] of the City of Tshwane resigned, too, after realising that his removal was imminent. This speaker holds on to power by refusing to allow council to vote him out the same way he was voted in: through a democratic process.”

City manager ‘not impartial’

DA councillor Simon Lapping said Mashazi’s actions showed she was not impartial, nor politically untainted. He echoed Zille’s call for the city manager to resign.

“The city manager did not stay in her lane. She should not have been swayed by political persuasion from anyone,” he said.

“It shows she was weak and succumbed to the demands of a political cabal and this brings into question her suitability of being impartial when it comes to the administration of the city.”

Dodson ruled that all decisions taken at Mashazi’s meeting “declared to be unlawful, unconstitutional and invalid”.

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This included benign agenda items such as changing the name of a park. Dhlamini welcomed the ruling, and not because it reinstated him.

He said it must be viewed as a lesson learnt to elected and appointed persons to do things by the book, to follow the law and no matter whether there is support for a particular motion or not, to uphold what our constitution protects.

“Political game play is not to the benefit of residents, in particular when it comes to administrators running a city.”

– news@citizen.co.za