Lebogang Maile 'flouting the law', says aggrieved Tshwane speaker

City of Tshwane speaker Katlego Mathebe has accused Gauteng local government MEC Lebogang Maile of flouting the law when he ordered an investigation into her conduct.

Mathebe is locked in a battle with Maile after two council meetings - meant to table a motion of no confidence in her and the DA political leadership - turned into chaos.

The results of the first meeting, held late last year, are the subject of a court battle, while a second meeting has been postponed.

Last week Maile suspended Mathebe and former City of Johannesburg speaker Vasco da Gama over their handling of council meetings where motions were tabled against the DA.

He has since rescinded the suspensions and directed the councils, through the chief whips, to instead conduct an investigation into the conduct of the two.

“Procedurally, if anyone wants to report an alleged breach of the code [of conduct], he or she must approach the office of the speaker in terms of the provisions of item 13 of the code,” said Mathebe.

"In view of the fact that the speaker is implicated, then the reporting must be directed to the acting speaker, as appointed by council on the January 26 2017. 

“The acting speaker will then instruct the rules and ethics committee to investigate the matter, in accordance with the procedure approved by the council on September 27 2007. Only then will the rules and ethics committee present their findings to council, together with their recommendations."

Mathebe said the Tshwane council must be afforded the opportunity, through the office of the speaker, to conduct an investigation.

“Only once they have failed to do so, can the MEC intervene in terms of the … provisions of item 14(4) of the code. In this instance there is no evidence at all that the council has failed to act in accordance with the provisions … of item 14(1) and (2) of the code.

“MEC Maile has once again acted in a manner that is not guided by any of the applicable legal prescripts.”

Mathebe welcomed a call for an investigation into her actions but maintained that it should follow the proper processes.

“The chief whip of council has no authority at all to act in accordance with any of the prescripts mentioned above,” she added.

Mathebe’s statement comes after Maile at a press conference on Tuesday said he was confident of his case against her.