Maile: New Joburg mayor's election postponement a 'constitutional anomaly'
The MEC said the postponement of the Joburg mayor election was unconstitutional and its left the city with no executive authority.
Maile said the postponement of the Joburg mayor election was unconstitutional and its left the city with no executive authority. Council speaker Vasco da Gama postponed the election to next Wednesday, saying he would seek legal opinion on the number of votes that constituted a majority.
“The MEC was reliably advised that the number of councillors present constituted a quorum in order for the council to proceed with its business of the day,” Maile’s spokesperson Castro Ngobese said in a statement.
“The action of the speaker can be summed up as a direct contravention of the peremptory provisions of the constitution and other applicable local government legislation pertaining to the decision-making powers of the council, including the election of office bearers,” he added.
Maile said he could not turn a blind eye on this “constitutional anomaly” in the Joburg council.
“In this regard, I have instructed my legal team to urgently look into this matter and to advice on the appropriate action that will be in the best interest of the residents of Johannesburg,” he said.
DA ACCUSED OF DELAY TACTICS
The ANC accused the Democratic Alliance (DA) of delay tactics to cling to power. The Economic Freedom Fighters' (EFF) deputy president Floyd Shivambu said the speaker was correct that there were differing interpretations of the majority required for the election of a mayor, and a legal opinion should be sought.
“This is so that we do not constitute an executive that is not legally sound or produce a mayor elected by less than 50% of the councillors,” Shivambu said.
The DA agreed and provincial party chairperson Mike Moriarty went further to criticise the ANC’s candidate for mayor, Geoff Makhubo.
“Whatever deal was being cooked between the ANC and the EFF has fallen apart. I can only presume that the EFF didn’t expect Makhubo; he is someone who pocketed R30 million for his company through his company Regiments Capital,” Moriarty said.
The DA denied that it orchestrated the postponement to buy time. Residents of Joburg would have to wait until Wednesday to get a new mayor.
WATCH: Joburg council sitting to elect new mayor