Pretoria -
Last month, a special council sitting to discuss Tshwane House - the proposed municipality head offices on the site of the imploded Munitoria - ended dramatically after opposition parties walked out.
However, the council’s rules and ethics committee has declared the chaotic meeting was legitimate and valid.
The decision was announced during a council sitting at Sammy Marks chamber on Thursday.
But the DA is not satisfied with the decision and is taking the matter to court.
The special meeting was held on December 10, having being postponed a week earlier.
It was convened to seek approval for a proposal to grant authority to the accounting officer of the City of Tshwane, Jason Ngobeni, to sign the proposed public-private-partnership agreement.
DA chief whip Marietha Aucamp questioned the legality of the meeting.
In her opening statement, the acting speaker had indicated that there was a quorum and reminded all the members present to sign the attendance register.
Then during consideration of the report, Tiyiselane Babane, of Cope, requested clarity as to why the circulated agenda was not followed by the council.
The agenda indicated there would be a presentation by the transaction adviser.
In response, chief whip of the council Jabu Mabona indicated that the acting speaker had already requested the acting executive mayor to present the item.
The DA, Cope, Freedom Front Plus (FF+) and the African Christian Democratic Party (ACDP) objected.
They indicated that according to the circulated agenda, the presentation was to be made by the transaction adviser.
However, MMC for safety and security Terrence Mashego indicated that councillors may address the council.
After a 15-minute caucus requested by the DA, Aucamp indicated that the matter should be referred to the rules and ethics committee.
She also said the official opposition party would not be able to participate in the meeting as it was illegal. “Madam Speaker, also I would like to place on record that if we leave this house they will not form a quorum. Thank you,” she said.
DA members were allowed to walk out, followed by Cope and FF+.
The meeting continued because the members present formed a quorum. The ACDP registered a dissenting vote, and the council resolved to adopt the recommendations set out in the report.
The ANC then used its majority to vote in favour of the proposal, claiming the 107 councillors who remained constituted a quorum in terms of the rules.
Subsequently, and after considering the arguments, the rules and ethics committee concluded that the meeting was legitimate and valid.
However, yesterday the DA informed the council that it had laid charges of fraud for falsification of the quorum count after the walk-out.
Aucamp placed on record that according to the DA’s calculations, 96 members remained, and that the names on the attendance register included councillors who were not in the council on the day.
Pretoria News