DA multiparty coalition heads to court to remove Tshwane council speaker Mncedi Ndzwanana

The DA multiparty coalition in Tshwane has filed urgent court papers to remove council speaker Mncedi Ndzwanana.

ANC/EFF and minority alliance support saw the ATM member elected.

However, the alliance was defeated in a subsequent mayoral election, which saw the DA's Cilliers Brink become mayor of the capital city.

After Brink's election, the ANC/EFF alliance warned the multiparty coalition against attempting to topple the speaker, saying there would be upheaval and chaos should it dare to do so.

Despite the warnings, the coalition forged ahead with a motion of no confidence and approached the courts, citing the speaker's refusal to call council meetings to hear the motion against him and adopt budgets.

This follows a petition submitted to Ndzwanana's office to compel him to call the meetings at the behest of the DA coalition, which the speaker ignored, resulting in the legal action.

Coalition spokesperson and FF+ leader Corné Mulder said the Municipal Structures Act was explicit regarding the speaker calling a meeting when directed to do so by a majority of councillors.

“Despite this, in a written response, the speaker originally refused to issue the notices for these meetings in what is blatantly an effort to frustrate the majority of the multiparty coalition at the behest of the ANC and EFF, who continue to pull his strings to destabilise governance in Tshwane,” Mulder said.

The coalition's court bid seeks to compel that:

• These council meetings of April 12 and 13 2023 are immediately called;
• That the speaker is interdicted from adjourning or interfering with the council meeting to consider the motion of no confidence in himself;
• That the speaker and all councillors are interdicted from organising or participating in any unlawful conduct aimed at disrupting the council meetings on April 12 or 13 2023.

The coalition also wants a punitive costs order against Ndzwanana for “unlawful conduct” in necessitating the urgent application.

Mulder said since the papers were filed, Ndzwanana had called meetings for April 12 and 13, “undoubtedly a product of their legal papers and their prospects of success”.

However, he maintained the coalition would continue to litigate to ensure the meetings were not disrupted and that any councillor who attempted to do so would be held in contempt of court.

“The multiparty coalition will not tolerate the ongoing unlawful conduct of the ANC, EFF and their partners in the Tshwane council, which continues to try to frustrate the business of the residents of Tshwane to regain control of the city,”said Mulder.

ANC regional secretary George Matjila said despite the coalition's right to institute legal proceedings to ensure peaceful meetings, those threats of disruption did not exist.

“The ANC in the greater Tshwane region has never and is not intending to disrupt the legally and properly constituted meeting,” he said.

Opposition parties would remain firm behind Ndzwanana and continue to support him, the regional secretary said.

The council meeting to debate the motion of no confidence against the speaker is scheduled to be heard on April 12.

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