Today, 12 September 2022, the Johannesburg High Court (Gauteng Local Division, Johannesburg) will sit virtually at 14h00 for an urgent application (2022/26391) in the matter of the City of Johannesburg Metropolitan Municipality & Others vs Councillor Colleen Makhubele.
The City of Johannesburg and the Multi-Party Government have long maintained, in accordance with the Municipal Structures Act, that the Office of the Speaker remains vacant until such a time the City Manager convenes a sitting of Council to elect an Acting Speaker or Speaker. Equally, the day-to-day administrative functions and operations of the Council fall under the care of the Secretary to Council.
The Chair of Chairs, Cllr Colleen Makhubele, therefore has no authority to convene any meeting of Council, as she did last week when she issued a notice for an Extra-Ordinary sitting on Tuesday, 13 September 2022.
In its founding affidavit, the City contends that if the meeting of 13 September 2022 proceeds it will proceed unlawfully or invalidly. Furthermore, any decisions taken at that meeting would be unlawful and invalid. If it proceeds or even if only a few of the City’s Councillors believe the meeting scheduled for 13 September 2022 is a lawfully convened and valid meeting, there will be confusion and uncertainty as to the validity of any decisions taken at that meeting, which is likely to result in unnecessary and avoidable chaos at the meeting and after.
The City thus seeks to have that notice of meeting declared invalid, a declaration that the Respondent is not the Acting Speaker of the Council and an interdict preventing her from proclaiming herself as the Acting Speaker.
With this submission, and the law on our side, we trust that the Judge will rule in the City’s favour, and put to rest the deliberate confusion caused by those who undermine the rule of law to advance personal interests at the expense of residents.
ENDS.
For media queries, please contact:
Mabine Seabe
Director: Mayoral Communication
Private Office of the Executive Mayor
084 677 7851
12/09/2022
