Today, the High Court, Pretoria Division, heard the applications relating to the suspension of the Tshwane Municipal Manager. The matters were stood down until tomorrow.
ActionSA wishes to clarify its position in relation to these matters, given that the City is led by Dr Nasiphi Moya as an ActionSA Mayor, and in light of the extent to which the opposition has sought to mislead residents regarding both ActionSA’s role and the Mayor’s statutory responsibilities.
The matter before the courts pertains, partly, to the disallowing of councillors to vote in the matter in council by the Speaker arising from said councillors submitting leaves of absence citing party responsibilities keeping them from the council meeting in question. Observing the separation of powers, ActionSA records that this is a matter of legislative decision-making by the Speaker of Council and not the Mayor of the City of Tshwane. ActionSA will abide by the outcome of the High Court on this matter as a matter between the DA, whose councillors were absent from council, and the Speaker of Council.
The matter before the court also pertains to the correctness of the decision of the council to suspend the municipal manager, Mr Mettler. ActionSA records that its councillors voted against the suspension and, as a matter of fact, tabled the proposal for the investigation to proceed without the suspension of the municipal manager. Regrettably, this proposal did not receive sufficient support after the Speaker ruled that councillors who had been granted leave of absence were not entitled to vote. A central issue before the High Court is whether that ruling was lawful and what effect, if any, it has on the validity of the Council’s resolutions.
Despite this being the central issue before the Court, considerable efforts have been made by the opposition to misrepresent ActionSA’s role in these events and dishonestly shift responsibility onto Dr Nasiphi Moya. The national legislation governing the discipline of senior managers requires the Executive Mayor to table a report before the Municipal Council when serious allegations are made against a Municipal Manager.
The legislation affords the Executive Mayor no discretion to determine whether those allegations have merit before placing them before Council. The first opportunity for ActionSA to position itself on the matter was the council meeting in question in which ActionSA councillors voted against the proposal to suspend Mr Mettler.
ActionSA records that the situation in which it finds itself in Tshwane mirrors the difficult choices voters are confronted with in our capital city and beyond. Those that have driven this process to suspend the municipal manager have done so, in our opinions, with inadequate regard for legislation and the stability of the city the residents have enjoyed over the past 2 years. And those who campaign on the issue but absent themselves from council when it matters are equally to blame.
ActionSA remains committed to the turnaround of the City of Tshwane. The fact that this turnaround must continue with the added complexity of a municipal manager on leave and before the courts is yet another timely reminder of the leadership of Dr Nasiphi Moya and ActionSA within our capital city in the face of failure of other parties.
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