Pretoria - The North Gauteng High Court, Pretoria, on Thursday reserved judgment in a case brought by the DA, seeking to nullify the resolutions taken by council to remove Tshwane mayor Stevens Mokgalapa and Speaker Katlego Mathebe.
This was after the contending parties in the case had presented their arguments before Judge Neil Tuchten.
The judge was told that the role played by the deputy director of Co-operative Governance and Traditional Affairs (Cogta) Willy Bila during a council sitting held on December 5 at Tshwane House Council Chamber was illegal.
The assertion was made by legal counsel representing Mokgalapa, Mathebe, acting speaker Zweli Khumalo, acting mayor Abel Tau and the DA.
Bila was said to have been deployed by Cogta MMC Lebogang Maile to oversee the council proceedings.
He presided over a council agenda, which saw the appointment of the EFF's regional treasurer Obakeng Ramabodu as the acting speaker.
Advocate Etienne Labuschagne, representing Mokgalapa, Mathebe, Khumalo and Tau, questioned the legality of Bila's presence inside the chamber while the acting speaker was present.
Khumalo wanted to take over after Mathebe had recused herself, but was blocked by both the EFF and ANC councillors.
Mathebe recused herself to avoid conflict of interest in the matter meant to deal with a motion of no confidence against her.
Labuschagne said Khumalo was elected as the acting speaker in January 2017 and that his appointment had never been revoked in council.
"The EFF mentioned in its answering affidavit that they don't deny the validity of Khumalo being appointed as the acting speaker,"he said.
Advocate Nick Ferreira, representing the DA, shared the sentiment by Labuschagne, criticising the deployment of Bila to preside over council sitting.
"Everything that Bila did was unlawful,"he said.
ANC's legal representative Advocate Phasha Ngandwe argued that the court must not entertain the matter because it risked trampling on the separation of powers.
"The matter is not yet ripe for your attention because the applicants have not exhausted the internal process to seek remedy," he said.
He contended the interim order passed by the Judge on December 6, saying it was granted erroneously without the ANC's involvement. The order overturned the resolutions to sack the mayor and the speaker.
Ngandwe refuted the argument that violence ensued during the sitting, which effectively prevented Khumalo from taking over as the speaker.
He said the situation in council was characterised by rowdiness and not violence.
He called for the matter to be reverted back to council to deal with it in terms of the rules that allowed for a review of the resolutions.
EFF legal counsel Tshidiso Ramogale supported the sentiment that there was no violence, saying there was robustness.
He argued against the reinstatement of the mayor and speaker while they no longer enjoy the trust of the majority political parties.
He cited that the fact that they have been unlawfully removed didn't follow that they should be reinstated into their positions.
According to him, the speaker has failed in her position to assist the legislative arm of the municipality to hold the mayor accountable.
Ferreira said the case was not about the reinstatement of the political office bearers to their positions but about the illegality of the resolutions.
Labuschagne said issues regarding why they wanted to remove the mayor or the speaker were not for the court to decide, saying they must be left to council.