Pretoria - The DA said on Monday MEC Lebogang Maile should face consequences after he rescinded his decision to suspend its councillors Katlego Mathebe and Vasco da Gama.
The MEC in charge of local government in Gauteng Premier David Makhura’s provincial cabinet last week suspended former Joburg council speaker Da Gama for three months.
Mathebe, the incumbent Tshwane speaker, was slapped with a six-month suspension. Both suspensions were without pay.
Maile accused the pair of breaching the Code of Conduct for Councillors as embedded in Schedule 1 of the Local Government: Municipal Systems Act.
According to the Human Settlements, Urban Planning and Co-Operative Governance and Traditional Affairs MEC, both councillors breached the code of conduct as contained in the Municipal Systems Act, Schedule 1.
Maile was subsequently forced to invoke item 14(6) which stated that the MEC may suspend or remove a councillor from office, he said at the time.
DA leader John Steenhuisen said: “This cannot be done without getting a council resolution. The DA will not give in to the bullying tactics of MEC Maile. “We have instructed our lawyers to approach the courts on an urgent basis to review this illegal move.
“We have also written to the MEC to invite him to retract his unlawful decision, failing which we will apply for a personal and punitive cost order against Maile.”
But in an about-turn on Monday, Maile said he had been engaged in consultations with senior counsel pertaining to a legal challenge brought by the DA emanating from a decision taken by the Gauteng provincial government to suspend Da Gama and Mathebe.
“In light of the advice received, MEC Maile has taken a decision to rescind the suspension of the two councillors with immediate effect. Such a decision has been formally communicated to Da Gama, Mathebe and their lawyers,” his office said.
He will at midday today address a media briefing to elaborate further on this decision to rescind the suspensions. DA provincial chairperson Mike Moriarty said: “No doubt his lawyers advised him that he would lose the legal case initiated by the DA.”
He said the MEC would be exposed as having abused his powers and being a constitutional delinquent. “But it is not enough that the DA and its councillors Mathebe and Da Gama have been vindicated.
“Maile must face consequences. In this regard, councillors Mathebe and Da Gama are seeking legal advice to pursue Maile for impugning their integrity,” said Moriarty.
“Moreover, the DA will be tabling a motion in the Gauteng provincial legislature calling on Premier Makhura to remove Maile as MEC. Maile is a serial abuser of power who lacks even a basic understanding of his role in overseeing local government.”
Maile and the DA have had several public spats since the MEC announced that Tshwane was being placed under administration in December.
About two weeks ago, Maile denied that the provincial cabinet under Makhura had any intention of placing the City of Tshwane under administration.
This was despite placing an intervention report in terms of Section 139 (1) read together with Section 154 of the Constitution before the legislature on January 8. The DA had threatened to challenge it in court.
The two factions also locked horns after the Tshwane council convened to consider motions of no confidence against Mathebe and mayor Stevens Mokgalapa collapsed.
The MEC threatened to fire Mathebe as she did not allow the motions to go ahead. They flopped again last week after parties disagreed on who should be presiding officer. Council holds its monthly ordinary sitting on Thursday.