ANC’s no confidence bid fails in court

STRUCK FROM ROLL: MOTION NOT URGENT, SAYS JUDGE

The ANC yesterday suffered a double whammy in the South Gauteng High Court.

‘Biggest abuse of court process’ Mpofu has ever seen.

The ANC yesterday suffered a double whammy in the South Gauteng High Court. Acting Judge Sydwell Shangisa first struck from the roll the ANC’s bid to have a motion of no confidence in Mayor Herman Mashaba and speaker Vasco da Gama placed on today’s council agenda, citing a lack of urgency. He then ordered the ANC to pay the legal costs of both Mashaba and Da Gama.

While Shangisa said he would give his reasons at a later stage, the ANC has vowed to approach the Constitutional Court on an urgent basis.

In a statement issued by the ANC after the judgment, ANC regional spokesperson Jolidee Matongo said the judgment “doesn’t mean that the unlawful and unconstitutional decision by the speaker to refuse to place the motions on the council agenda for today is correct”.

Matongo said the judgment simply means that the matter was not that urgent and there was still an opportunity to table the motions at the November 29 meeting.

Yesterday’s court application follows after the ANC earlier this month tabled three matters before council: motions of no confidence against Mashaba and Da Gama to be debated today, a request that voting for a new mayor and speaker happen on the same day, and that the vote be conducted by secret ballot.

Although Da Gama, as speaker, agreed to have the motions debated today, he declined the requests for immediate voting and for a secret ballot, saying the agenda was too full and that he did not have the powers to decide on a secret ballot.

Dali Mpofu, representing Mashaba, yesterday said the ANC’s court application was “the biggest abuse of court process that I have seen in my life”.

Tembeka Ngcukaitobi, representing Da Gama, argued there was nothing urgent about the matter as the ANC can table motions at any stage. “Nothing prohibits them from doing it,” he said.

Ngcukaitobi further argued it was the ANC’s own fault that the motions would not be voted on during today’s council meeting as the ANC displayed an all-or-nothing attitude.

“They were told about November 29 [when the next council meeting takes place]. But they refused to accept that because they wanted to have things their own way,” Ngcukaitobi said.

“They are forgetting that things changed with the change of political power.” – Mail & Guardian, News24, ANA