The African National Congress (ANC) is seemingly losing its already fragile grip on power in KwaDukuza.
This became increasingly clear in council last week when former coalition partners voted against the ruling party in the ongoing saga of appointing the Municipal Public Accounts Committee (MPAC) chairperson.
In what has become a months-long issue, ANC councillors continue to delay the appointment of the chair position, which is one of the most important in a municipality.
When chief whip Humphrey Mbatha again attempted to withdraw the item last week, a vote was called.
Voting in support of the withdrawal, 27 councillors – all ANC – raised their hand in a process overseen by council IEC representative, Cecil Viramuthu.
Breaking past voting patterns however, councillors from the African Independent Congress (AIC), African Transformation Movement (ATM), Inkatha Freedom Party (IFP) and Economic Freedom Fighters (EFF) all voted against the ruling party.
The AIC, ATM and IFP were in coalition with the ANC at the time of the council constitution in December, and have voted as such until last week, while the EFF has often abstained from voting.
When added to the consistent opposition votes of the Democratic Alliance (DA), Independent Alliance (IA) and ActionSA, 28 votes went against the withdrawal proposal.
With a cut and dried majority victory for the opposition apparent, council moving on to elect the MPAC chairperson seemed to be the next step.
In what some opposition members described as a cynical manoeuvre by acting municipal manager, Nhlanhla Mdakane, proceedings were thrown into chaos.
Upon tallying the votes, Mdakane cited Section 30 of the Municipal Structures Act of 1998, calling the result of the vote into question.
Referring to Section 30 (1), Mdakane said he believed a majority of councillors – in KwaDukuza’s case 30 of 59 – needed to vote on one side of a given item in order for it to count.
However, Section 30 (1) says only a majority of councillors need be present for a vote to be taken, essentially describing a council quorum.
ActionSA caucus leader Nel Sewraj claimed there were double standards in the hypothetical application of the legislation – even if it had been the case.
“In a council vote on February 24, the ANC had 28 votes, while the opposition had 18. The item was passed and the MM did not step in to question whether that vote was legal. You are clearly trying to pull the wool over our eyes,” said Sewraj.
Similarly, DA ward 22 councillor Privi Makhan raised the standing rules of order for council meetings as laid out by the South African Local Government Association (SALGA).
“Section 12.1 of the standing rules clearly indicate that a vote should be decided by a majority of councillors present. It is gravely disappointing that individual interpretation has allowed this house to descend into chaos,” she said.
At this point, councillors on both sides of the aisle had become unruly, talking and shouting over each other in protest of what had transpired.
Council speaker Dolly Govender called for a 10-minute caucus before a way forward could be decided.
After almost an hour, council resumed with AIC councillor Duduzile Mthembu and ATM councillor Thulile Mkhize conspicuously sitting among the ANC councillors.
Ostensibly calling in old coalition agreements, the ANC was ready in case another vote was called.
While this was briefly mentioned as a way forward, the ire it drew from opposition parties made it clear that if any vote was to count, it was the original 28-27 result.
To move through the rest of the council agenda, Govender made a unilateral decision that no further discussion would be allowed on the item until they had guidance from a Department of Co-operative Governance (Cogta) official.
At 4pm, this was not possible and the item was again delayed until either a special sitting of council next week or the next scheduled council meeting on April 28, leading to unsurprising frustration from the opposition.
“It is obviously not suitable for someone to arrive at 4pm. As councillors, we expect you to apply the standing rules of council. I have respected you (Mdakane) for many years, but you have to take responsibility for misleading this council,” said Independent Alliance caucus leader, Melisizwe Ntleko.
ActionSA PR councillor, Sipho Zungu, said by not completing the item, council had by implication supported the ANC motion.
The DA placed on record its objection to the way proceedings had unfolded.
What is crucial going forward is the decision on whether the original vote will count or whether the item will see a new vote completely.
An ANC councillor was missing last Thursday, while speaker Govender did not cast a vote, both of which would likely be added to a pro-ANC tally if a new vote was held.
“We want confirmation that the vote stays 27-28, otherwise we cannot proceed. It is important that only those who cast votes in the initial process be allowed to vote again,” said Sewraj.
This drew jeers from the ANC side of the house, with ward 29 councillor Sicelinjabulo Cele saying that limiting who can vote in council would be removing their constitutional right.
Though the ANC were able to delay the item once more, it was a clear display of opposition power and many opposition councillors believe that a united front could be presented.
An opposition coalition would need every single non-ANC councillor to work, however, and it remains to be seen whether Mthembu and Mkhize will vote in opposition to the ruling party again.
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