The multiparty coalition in Tshwane and council speaker Mncedi Ndzwanana are heading to court on Tuesday as the DA-led government want him to recuse himself from a special council meeting to debate a motion of no confidence against him.
Speaking to Sowetan Ndzwanana confirmed he would be opposing the DA multiparty government’s application.
The answering affidavit was filed late on Monday.
ActionSA, DA, IFP, ACDP and FF+ want the Gauteng High Court to ensure Ndzwanana does not unlawfully prohibit, chair, adjourn or interfere with the motion of no confidence against him.
“To date, however, Mr Ndzwanana has refused to recuse himself. Mr Ndzwanana’s unlawful conduct and the real threat of its reoccurrence in relation to the 12 and 13 April special council meetings poses a grave threat to the rule of law and the democratic functioning and constitutional autonomy of the council and city of Tshwane.
“This court’s urgent intervention is required to guard against these severe risks,” the court papers read.
On April 13, the City of Tshwane will table and debate the draft adjustment budget for the 2022/2023 financial year after being granted two extensions.
The Gauteng provincial treasury gave the city an extension of until April 14 to table the adjustment budget after political instability in the city had delayed proceedings. The court papers accuse Ndzwanana of abusing his power as speaker, being biased towards certain parties and also having repeatedly violated the Structures Act.
The coalition allege that Ndzwanana allowed two councillors who had their membership terminated by ActionSA to participate in a council meeting which they said was a contravention of Section 27 of the Structures Act. They said he also failed to take action on allegations that Cope’s replacement for former mayor Dr Murunwa Makwarela had two identity numbers and instead adjourned a special meeting several times.
The DA’s lawyers wrote that the urgent application was launched on April 4; a day after Ndzwanana had denied a request to convene a special meeting.
“Without the urgent intervention of this court, there is a real likelihood of violence and the forceful disruption of the democratic functioning of the 12 and 13 April special council meetings.
“The EFF has stated that any attempts by the applicants to remove Mr Ndzwanana from his office as the speaker will be met with violence and will be forcefully stopped.”
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