Maile backtracks on decision to place senior DA councillors on suspension

The Gauteng MEC for human settlements, urban planning and CoGTA Lebogang Maile has had to backtrack on his suspensions of two DA councillors in Johannesburg and Tshwane, respectively.

He said in a statement on Monday that he had “engaged in a series of consultations with senior counsel, pertaining to a legal challenge brought by the governing Democratic Alliance (DA) in the City of Tshwane, emanating from a decision taken by Gauteng provincial government to suspend without pay the former Speaker of the City of Johannesburg, Vasco Da Gama and current Speaker of the City of Tshwane Katlego Mathebe for periods of three (3) and six (6) months, respectively, for breaching the Code of Conduct for Councillors as embedded in Schedule 1 to the Local Government: Municipal Systems Act No. 32 of 2000”.

Maile had earlier been confident of his decision but admitted that the legal advice had forced him to change tack.

https://twitter.com/LebogangMaile1/status/1220662053242884096?s=20

“In light of the advice received, MEC Maile has taken a decision to rescind the suspension of the two Councillors with immediate effect. Such a decision has been formally communicated to Cllrs Da Gama, Mathebe and their lawyers.”

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He said he would have a press conference on Tuesday to explain the decision.

It appears MEC @LebogangMaile1 does not know if he is coming or going. He takes decisions, pulls back. He now also says he never says he said Tshwane will be put under administration- and @Radio702 has him on the record. @David_Makhura @GautengProvince @JoanneGJoseph

— Yusuf Abramjee (@Abramjee) January 27, 2020

Last week, the DA told Maile that, should he fail to rescind his decision, the party would launch urgent proceedings to have it set aside and request cost orders against him.

In a letter from Minde Schapiro and Smith attorneys to Maile, the DA claim Maile’s actions show that his decision was not to discipline Mathebe and DA Gama but that the decision was taken in “pursuit of an ulterior purpose”.

The letter stated that Maile’s decision was unlawful as item 14(6)(a) of the Code of Conduct for Councillors (schedule 1 to Act 32 of 2000) outlined that he was not authorised in his decision.

“Item 14 only authorises you to investigate and sanction councillors in response to a request from a municipal council. This has been confirmed by the high court in Van Wyk v Uys No 2002 950 SA 92 9C0 and City of Cape Town v Premier, Western Cape 2008 (6)SA 345 (C).”

The party described Maile’s decision to put both speakers on suspension as political harassment, arguing that Maile could not suspend or remove a councillor from office without obtaining a council resolution.

Da Gama and Mathebe were placed on suspension by Maile because he believed they may have brought council into disrepute.

The ANC rallied behind Maile.

ANC spokesperson Bones Modise said the party welcomed and supported Maile’s decision and reasons presented by him.

“Both councillors [Da Gama and Mathebe] decided to put their narrow political interests before the people of both City of Johannesburg and City of Tshwane and brought council into disrepute.”

“MEC Maile exercised his responsibilities as enshrined in the constitution and therefore that cannot be viewed as a bullying tactic.”

The ANC said Da Gama and Mathebe placed the interests of the DA ahead of those of residents and acted in a manner that sought to subvert the democratic processes in council.

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