By Luvuyo Mjekula
Following an altercation between Makana Citizens Front (MCF) councillors and Makana Municipality council Speaker Mabhuti Matyumza in the council chambers on Thursday last week, that ended with Matyumza summoning law enforcement officers, MCF chairperson Lungile Mxube has come out in defence of his and his colleagues’ actions.
Mxube, Philip Machanick and Kungeka Mashiane, refused to vacate the council seats they had occupied when they entered the chamber for the special council meeting last week, despite Matyumza’s repeated requests to move to the public gallery.
The three considered themselves legitimate PR councillors of the MCF and said they have every right to return to work in the Makana council. All of them refused to leave their seats.
After a long spat, Matyumza called in traffic officers to remove the three. However, they all left of their own accord.
Last night, Mxube told Grocott’s Mail the Electoral Court order of 13 May “vindicated our firm view that the letter Makana Speaker sent to the IEC for purported vacancy declaration was fraudulent, not even signed by the former [municipal manager]”.
“While he confirmed in an email dated 20 April that the municipal manager and the municipality recognise me and four MCF PR councillors as legitimate, on 21 April, the following day, the Speaker invited those five former councillors and swore them in. As a result of his reckless decision, Makana tax payers incurred over R3 million paying the wrong people,” Mxube argued.
He said the outcomes were therefore a victory for the rule of law, and “put an end to the abuse of office for selfish political and business interest agenda by Speaker and his cronies”. “This is a victory for all citizens of Makana. We call upon all citizens and rate payers to walk with us, together we can dissolve corruption and . rally behind MCF as their legitimate voice.”
They said they were at the meeting pursuant to the Electoral Court order of 13 which they said reinstated them as PR councillors. “Let me tell you, I am here based on the court order which was issued on the 13th of May. Here is the court order. So, I am sitting here based on the court order. If you want to challenge this, go to court,” Mxube told Matyumza last week.
Mashiane also refused to move to the gallery. “I am going nowhere because where I am sitting, I am a legitimate councillor.”
Machanick said the Speaker was acting in contempt of court as they had the right to be in the council, as per the court order of 13 May. “If you want to send in the police, we will give them the court and we will not be the ones to get arrested,” Machanick said.
In a media statement the same say, Makana spokesperson Anele Mjekula said Matyumza had adjourned the meeting after the “former councillors” entered so he could have a discussion with them in the Mayoral boardroom, but they didn’t attend.
“The Speaker then requested that they sit in the gallery, which they didn’t do.”
He said the Speaker then asked the members individually to move to the gallery, but they all refused indicating that they are legitimate councillors because of the court order.
“Guided by the Rules and Orders and regulations of Council the Speaker instructed the former councillors to move to the gallery. After they refused the Speaker indicated that he had no option but to call law enforcement to remove them as guided by the Rules and Orders of Council, however, when law enforcement officers arrived the former councillors stood up and left the chambers.”
Matyumza had sought the advice of the municipality’s legal manager, Candice April, and to take council through the judgment.
“The legal manager said the judgment supported the municipality’s stance that former councillors are not entitled to back pay. The legal manager added that the municipality does not need to act on the decision of the Electoral Court, adding that the IEC needs to act.
“The legal manager further stated that the municipality was not in contempt of court as it is awaiting communication from IEC. The judgment rejected the relief sought by the applicants against the municipality paying back pay and no award was made as to costs. From the court judgment there is no actioning required from the Municipality. Compliance and handling of the court judgment is between the MCF members and the Independent Electoral Commission of SA,” the statement said.
According to the statement, Matyumza emphasized that the municipality does not enter party political factions. “We act on the instruction of the IEC. As at that moment the IEC hadn’t issued an order for me to swear in any councillors. It is against that background that when I see members of the public (former councillors) sitting at the Council [Chambers’] table, they must be moved to the gallery. We act on the prescripts of the law, not personally.”
It remains to be seen how the controversy will be handled by both parties going forward.
