Tshwane is headed for a potential political leadership crisis after mayor Randall Williams resigned effective end of the day on Monday, but later in the day rescinded and said he would stay two more weeks.
Council speaker Dr Murunwa Makwarela has, however, insisted that by law, the only valid resignation is the first one effectively meaning that all members of the mayoral committee would be out of their jobs along with the mayor by today.
Chief of staff in mayor’s office Jordan Griffiths insisted that William would stay mayor for two more weeks as per his amended resignation letter.
“The executive mayor has formally written to the speaker retracting the date of resignation from midnight tonight and setting it to February 28. He has also sent a leave form through to the chief whip. This is all within the required processes.
“MMC Peter Sutton will be acting executive mayor in the interim with the mayoral committee set to meet on Wednesday. The mayoral committee will be fully executing their duties from now till February 28,” said Griffiths.
Makwarela was adamant that Griffiths was wrong and Williams’ first resignation was the only one legally valid.
“In terms of the Local Government Structures Act, section 27, a councillor vacates office during a term of office if that councillor resigns in writing or is no longer qualified to be a councillor.
“The mayor has resigned in writing. It is not whether I accept it or not, it is the law that once he has resigned, he has resigned.
“You cannot resign twice. It does not work like that. That is why the resignation must be in writing to avoid things like these.
“What if he changes his mind again and gives us a different date? Which one must we take? It is not for me to decide whether the resignation was freely made or forced,” said Makwarela.
He added that if the mayor and mayoral committee did not resign, he would seek legal advice to confirm his position.
“You don’t joke about things like this. You don’t make emotional decisions. He has thrown the coalition and his MMC under the bus by not letting them know of his intentions. They might have given him different advice,” said Makwarela whose party Cope, is part of the governing coalition.
Makwarela said he had up to 14 days to convene a council meeting to allow councillors to replace Williams.
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