Executive mayor of the City of Tshwane, Cilliers Brink. (Deaan Vivier/Netwerk24)
- The DA will challenge a motion of no confidence in Cilliers Brink.
- The motion by the ANC has been looming this week.
- The DA says it is unlawful and procedurally incorrect.
The DA launched an urgent challenge to have two motions of no confidence in the mayor of Tshwane, Cilliers Brink, declared unlawful.
With the ANC’s motion looming, the DA filed papers in the Gauteng High Court in Pretoria on Thursday.
The DA contends that the two motions, dated 22 July and 27 August, as well as the speaker’s decision to allow it, are unconstitutional, unlawful and invalid.
In his founding affidavit, which was part of the court papers, Brink said the challenge was two-fold: unlawfulness and procedural irrationality.
In both motions, Brink argued that he and the councillors were not afforded fair notice of the motions as mandated by law.
He added that there were procedural irregularities in the filing of the motions.
The mayor said: “It would have been irrational for the council to follow a process that precludes me from submitting relevant considerations and properly responding to the allegations made in the motion calling for my removal.”
Despite the 22 July motion being withdrawn, the mayor noted that the Speaker, Mncedi Ndzwanana, decided to allow it to be a deferred motion for the continuation of the council meeting on Thursday.
The second motion has been included in Friday’s council agenda.
The mayor said the latest motion advanced the same grounds for his removal to the first and, therefore, should not be considered urgent.
Brink added: “In these circumstances, there can be no justification for the council to consider the 27 August 2024 motion… it is also clear that the urgency claimed in the 27 August 2024 motion is not genuine.”
Brink further claimed that the speaker unlawfully failed to enter the second motion in the order book to allow council members to inspect it, as per the rules.
“As the executive mayor, I have the right to know the charges against me and a fair opportunity to defend myself adequately against them. This requires collecting and preparing evidence and submissions to the council.”
In the court papers, Brink said that, because both motions had now been legally challenged, the speaker must disallow it, according to council rules.
While the legal challenge has ostensibly put the motions of no confidence on ice, the future of the DA-led coalition remains unknown, as ActionSA is presently reviewing its position in the multiparty coalition.
In a coalition briefing on Wednesday, Brink said ActionSA had not filed a formal notice or grievance, but wanted to preserve the coalition in its current format.
ActionSA was noticeably absent from the briefing.
ActionSA’s chairperson, Michael Beaumont, said a decision on whether to remain in the coalition would be taken on Friday.
