POLITICAL shenanigans continue to plague the Bitou Municipality as a sixth attempt to elect a new mayor has failed.
On Friday, the municipality was meant to hold yet another court-mandated council meeting to elect a new mayor.
Last week the Western Cape High Court issued an order declaring the suspension of the Active United Front’s (AUF) Peter Lobese as unlawful and ordered that a meeting be held on July 9 to elect a new mayor, as well as carry out motions of no confidence votes against the municipality’s speaker Euan Wilderman and deputy mayor Sandiso Gcabayi.
Lobese was suspended during a court ordered meeting on June 8, which was scheduled to sit to elect a new mayor as priority before addressing other items on the agenda, which included the adoption of a budget.
Troubles began at the municipality in April when Lobese was ousted as mayor through a motion of no confidence and what followed was a slew of council meetings whose decisions had to be nullified by the courts.
However, a reprieve for the ANC-controlled council came in the form of a leave to appeal application filed to the high court on Wednesday which the municipality said nullified the order to hold a meeting.
“We are waiting on the courts to give us a date as to when our leave to appeal will be heard but effectively that means we would not hold the meeting,” said acting mayor, Gcabayi.
“While we are not appealing the overturning of Lobese’s suspension, we are calling on (Local Government, Environmental Affairs and Development Planning) MEC (Anton) Bredell to act as it is in his power to suspend Lobese. Why is he not acting when the facts are before him on the conduct of Lobese and the section 106 forensic report into his conduct as a councillor as well as the criminal cases opened against him.
“We have written letters to Bredell to act but so far he has done nothing because Lobese’s favours the DA and is their ticket to voting themselves into power in this municipality. The DA likes saying they fight corruption but clearly not when it benefits them.”
Gcabayi said besides the political shenanigans, the municipality continued to function.
“The municipality’s affairs are in order, people are working, the budget was approved and services are being rendered, it is only the political shenanigans that plague the council.”
Meanwhile, the DA’s Bill Nel contends that council is in contempt of the court order by failing to hold the meeting.
“They are trying to cling to power and are using every avenue to avoid this. By refusing to abide by the court order they are in contempt. They have applied for leave to appeal but in our opinion, that does not mean they do not have to comply with that order because the court is yet to state whether they will hear that appeal.
“With an interim order, the application for leave to appeal does not suspend the implementation of that said.
“We arrived in the morning ready to proceed with the meeting only to find the chamber locked along with committee rooms and they are refusing to grant us support staff to continue with this meeting,” said Nel.
Spokesperson for the Department of Local Government, Rowena Van Wyk said having received legal advice, Bredell was informed that council’s leave to appeal suspended the order’s directive.
“The MEC responsible was advised by Senior Counsel that the court order granted is a final order and that therefore, in terms of the Section 18(1) of the Superior Courts Act, 10 of 2013, the application for leave to appeal the order suspends the implementation thereof,” she said.
“Senior counsel further advised that the MEC’s obligation to designate someone to preside over the election of a speaker, as may have become necessary pursuant to the court order, is suspended by the application for leave to appeal.”
Van Wyk said with regards to allegations against Bredell and failure to act against Lobese, no action can be taken until a disciplinary process is completed.
“In terms of the Municipal Systems Act, a municipal council is responsible for disciplinary proceedings against a councillor accused of contravening the Code of Conduct for councillor. The (MEC’s) role in the suspension of a councillor is triggered once the municipality has completed such disciplinary proceedings.”