DA legal action threat after city manager agrees to Tshwane special council sitting

Published Jan 9, 2020

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Pretoria - Tensions heightened at Tshwane House Council Chamber last night ahead of a much-anticipated special council sitting as the DA threatened to take legal action against the acting city manager Makgorometje Makgata after he agreed to preside over the meeting.

Makgata was asked to preside over the sitting after Mathebe refused to convene it on the grounds that both the EFF and ANC councillors faked their signatures appended on the petition submitted to her office, requesting for the meeting.

The purpose of the meeting was to pass motions of no confidence against the embattled Mayor Stevens Mokgalapa and council Speaker Katlego Mathebe.

The sitting was initially expected to start at 10am, but that never materialised. 

Both parties tried in vain to persuade Mathebe to schedule the meeting for 5pm, but she cited that she was given short notice to prepare for it.

Unimpressed by her response, parties resorted to their plan B, which called in the city manager to take charge of the sitting scheduled for 7pm.

Minutes after 7pm, the ANC regional leader Dr Kgosi Maepa announced to party councillors that Makgata decided to host the sitting today at 2pm.

The meeting is set take place amid threats by the DA to take Makgata to court should he preside over it.

Lawyers representing the DA and all its councillors in Tshwane wrote a letter to Makgata, informing him of their intention to take him to court should he go ahead with the meeting.

"The Speaker refused the request (to grant a meeting) citing logistical impediments due to the short time available to convene the meeting and furnish sufficient notice thereof. 

"Notwithstanding the above you elected to instruct the administrative officials to prepare for a meeting at 6pm this evening (Wednesday evening)," they wrote.

Lawyers also warned that any attempt to convene a meeting would be unlawful and illegal.

"We shall seek an adverse costs order against you personally for your conduct should it be necessary to approach court due to your illegal conduct," they concluded.

Makgata also wrote a letter to Mathebe, expressing his intention to preside over the meeting.

He wrote: "On January 8, I received a petition from the ANC and EFF requesting a special council meeting to be convened at 5pm on an urgent basis using Section 29 (1) of the Local Government Municipal Structures Act.

"I have since considered the request and I had initially agreed to proceed with their meeting as requested. 

"After further consultations, I took a decision to write to you and other parties as copied above to make sure that we do everything properly and to the letter of the law. I have decided to grant a request for the special meeting but only on January 9, 2020."

The same letter was sent to a senior official at the office of the MEC for Co-operative Governance Mpho Nawa and the department's acting director Themba Fosi.

Pretoria News

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