Human Settlements MEC Lebogang Maile has lamented the decision to postpone the vote for a new executive mayor of Johannesburg, saying he would consult with his legal team to investigate the matter.
“As the MEC responsible for local government, I cannot turn a blind eye to this constitutional anomaly.
“In this regard, I have instructed my legal team to urgently look into this matter to advise us on the appropriate action that needs to be taken,” Maile said on Thursday.
The vote has been postponed to December 4 and 5 – a decision taken by council speaker Vasco da Gama.
According to Maile, Da Gama had postponed the vote “due to the lack of clarity on what constitutes a majority of the councillors eligible to vote”.
“The MEC was reliably advised that the number of councillors present constituted a quorum in order for the council to proceed with its business of the day,” Maile’s spokesperson, Castro Ngobese, said.
He added it was a contravention of the Constitution.
“The actions of the speaker can be summed up as a direct contravention of the peremptory provisions of the Constitution and other applicable local government legislation pertaining to the decision-making powers of the council, including the election of office bearers,” Ngobese said.
He added the decision was questionable and deprived the municipality of an executive authority.
“The implication of this questionable decision has left the municipality without an executive authority as the term of the mayor ended on November 27, 2019.
“This will undoubtedly compromise service delivery to the residents of the City of Johannesburg which is a serious indictment on the capacity of the leadership of the City to govern,” Ngobese said.