Court nod for red overalls
‘We need to respect the Constitution’
THE doors to the Buffalo City Metro (BCM) city council chambers have been legally prised open for EFF councillors, who may now enter garbed in their fire engine red overalls, hard hats and berets.
Last week East London High Court Judge Selby Mbenenge ruled that the self-titled economic freedom fighters were not allowed to be removed from chambers because of their dress.
This will add a new dimension to the city council meetings as the EFF bring a noisy, robust style to opposition politics.
The EFF welcomed the ruling, which found that the removal of its councillors from the Buffalo City Metropolitan council chambers was unconstitutional.
Judge Mbenenge said instructions from both the municipality and the speaker of the council Alfred Mtsi to remove the EFF councillors contravened the Constitution and ordered Mtsi to pay costs.
At this stage, it seems that ratepayers and taxpayers will be footing Mtsi’s legal bill as he made the orders in his official capacity.
The EFF has only taken part in a full session of council once – the inaugural council meeting.
The party has battled long and hard to get its trademark red garb through many official doors, starting with a court order allowing it to take up its elected seats in the national assembly.
At Ingquza Hill municipality, Gugulethu Mbiko was escorted out of the chambers by security after he arrived in red.
BCM EFF chief whip Chumani Matiwane said: “On Friday the councillors from Ingquza Hill approached the Mthatha High Court to force the municipality to allow them to wear their uniform.”
In Engcobo, the swearing in of two EFF councillors was delayed and they were also escorted out because of their party dress. They were later sworn in after they threatened to go the legal route.
EFF Chris Hani regional secretary Wonga Dunjwa said their members were also escorted out because they were alleged to be wearing party regalia even though the overalls did not have the party’s logo.
BCM EFF chief whip Chumani Matiwane said that prior to approaching the courts they wrote to speaker Mtsi asking him to intervene. “We first engaged [wrote to] the speaker on more than one occasion and in all his responses he would assure us that we would not be removed from the council.
“But when the day of the council would come the opposite would happen,” said Matiwane.
During the second sitting of the council on August 31, ANC chief whip Mzwandile Vaaiboom complained that the EFF councillors were not complying with the council’s dress code.
The October sitting turned into a fiasco when metro law enforcers clashed with EFF councillors‚ dragging them out of council chambers on orders from Mtsi.
In the most recent meeting, EFF councillors were barred by the law enforcement officers at the entrance of the chambers.
Mtsi said he could not comment on the judgment because he had not seen it. “I am aware that our attorneys were in court on Tuesday. I have not received a full report on what happened in court. I don’t have the copy of the order.”
The EFF said the party’s voice had been missing in the council for far too long. “We have suffered irreparable harm in that three council meetings have been conducted in our absence and key resolutions were taken including the dismissal of the municipal manager,” said Matiwane.
BCM DA whip Olwethu Ntame was relieved the matter was finally settled and the courts had provided a way forward.
“We need to respect the Constitution of the country and we need to abide by it [the ruling]. The issue was disruptive. It would take the majority of the time scheduled for the council meeting so we are happy that it will finally be over,” said Ntame.
BCM spokesperson Sibusiso Cindi said the ruling was based on an “agreement between the parties”. —