ANC challenges Joburg council on motion of no confidence

The ANC is in the Johannesburg High Court on Tuesday to challenge a decision to not table motions of no confidence against mayor Herman Mashaba and speaker Vasco da Gama.

The ANC also wants the Constitutional Court judgment in UDM vs Speaker to be upheld‚ as they argue that the judgment set a precedent that a speaker has the discretion to decide how a motion of no confidence should be undertaken.

The party asks that the motions against Mashaba and Da Gama be tabled for Wednesday's council meeting.

The speaker‚ however‚ argues that there is no grounds for urgency‚ as he is willing to table the motions at the next council meeting in November. He gave his undertaking to table the motions on November 29‚ provided that they are in line with council rules.

Da Gama said in his answering affidavit that the standing rules of council do not provide for a secret ballot or for him to use his discretion.

Da Gama denied that he acted unlawfully in denying to table the motions during a programme committee meeting that declared the two motions inadmissible.

Adv Dali Mpofu is acting for Mashaba‚ Adv Tembeka Ngcukaitobi for the speaker and adv William Mokhari SC is acting for the ANC.