Facts are facts

The article “BCM Illegally Approved Tariffs Hikes, Budget DA” (DD Sep 11), is perfectly correct. In claiming that this is not so, mayor Xola Pakati is either deliberately, because he knows he is wrong, or inadvertently, because he is ignorant of the correct interpretation of the legislation, seeking to pull the wool over BCM residents’ eyes.

The DA’s concerns revolve around the legal requirements specifically prescribed in the constitution (s 160.2), the Municipal Structures Act (s 30.2) and the code of conduct for councillors attached to the Municipal Systems Act.

In short, this legislation requires that a municipal budget must be approved “with a supporting vote of the majority of the councillors”.

This means 51 of the 100 BCM councillors need to vote in favour to pass the budget.

According to the attendance register in the minutes of the June 29 council meeting, there were only 76 councillors present, of whom 46 were ANC, 23 DA, five EFF and two from the minor parties.

There were 22 recorded apologies and two vacancies. Clearly Pakati is being economical with the truth when he is reported as saying “There were more than 51 ANC members there”.

With the DA and EFF councillors opposing the budget, there were, at most, 48 votes in support, insufficient to legally pass the budget.

Furthermore, despite the mayor’s howl, the DA is not “just playing politics”.

One does not play with legislation, rather one is obliged to observe it.

And when it is being flouted, as it was on this occasion, the DA is correct to dissent.

That the mayor thinks that the DA should have raised these matters when the minutes were being approved, reportedly saying that “the minutes would not have been adopted if they constitute what they are pointing out, so this is just a ploy” is a clear admission by the mayor that he is not concerned to follow correct procedure.

Anyone familiar with minutes is aware that they must reflect what actually happened in a meeting, not what some participants might wish had happened.

As the DD article points out, the most suitable remedy for this situation is for council speaker Humphrey Maxegwana to convene a special council meeting for the purpose of legally approving the BCM 2020/21 budget.

And this is what the DA is now calling for.

— DA Councillor Bill Gould, via e-mail