PoliticsPREMIUM

Morero survives after questions arise over legality of secret ballot

Legal uncertainty stalls motion against Joburg mayor

Johannesburg mayor Dada Morero. File photo. (Thapelo Morebudi)

The motion of no-confidence against Johannesburg mayor Dada Morero has been deferred to a later stage after legal questions around the viability of the secret-ballot request.

Government of local unity coalition partners met in a closed political management committee (PMC) meeting to deliberate over Morero’s fate following a bid to oust him through a motion sponsored by the Al Jama-ah party.

A PMC insider told Sunday Times they stuck to their guns and were hell-bent on Morero’s axing, saying that he needed to vacate the council. The source defended the request for a secret ballot at the gathering, saying it needed to be granted because it would secure the safety of councillors.

“In these difficult political times we live in, we need to safeguard our councillors and grant them an opportunity to vote with their conscience. The PMC caucus understood this. We asked the speaker to grant the secret ballot because the safety of councillors is paramount,” said the source.

However, council speaker Margaret Arnolds is said to have come to the caucus with an internal legal advisor, who told the meeting the law is not clear on the permissibility of the request.

“The rules are quiet on the matter of a secret ballot. There is no provision that enables or rules out a secret ballot,” the source said.

We are not hostile; we just want the man gone. But we also want councillors to exercise their right freely and not feel forced to follow the party line. So we agreed to the deferment of the motion

—  Minority party member

Arnolds reportedly requested to consult with parliament and an external legal expert on the constitution because if she grants it while the rules are unclear, the matter might end up in the courts.

While it was not ideal, a minority party insider said they understood the speaker’s position as they have to do what was in the interest of councillors while making sure that they were on the right side of the law.

“When we went down the road of asking for a secret ballot, we knew that the rules do not stipulate much and we proceeded with the request. If the rules are quiet, the prerogative lies with the speaker because the rules empower the speaker. She is afraid to do it and in the same breath she wants to protect councillors and their freedom to vote. She wants to make a decision having consulted thoroughly so that if this issue does land up in a legal battle, she is able to defend her decision fully,” said the insider.

Despite the delay in getting rid of Morero, the insider insisted they are patient and will wait for the checks and balances to be cleared.

“We are not hostile; we just want the man gone. But we also want councillors to exercise their right freely and not feel forced to follow the party line. So we agreed to the deferment of the motion.”

They told us that they have reported to their national structure and that is where they stand. We know that they wanted us to withdraw the motion, but they did not raise it in the PMC sitting

—  Highly placed insider

The speaker is expected to consult next week and return with a verdict before the end of the week. It is highly likely that following that outcome, the council will convene a special meeting solely to address and deliberate over the motion.

According to a highly placed insider, the ANC told them their stance is that they have a duty to ventilate matters of this nature with their upper structures.

“They told us they have reported to their national structure and that is where they stand. We know they wanted us to withdraw the motion, but they did not raise it in the PMC sitting.”

This is because it is alleged that at the Tuesday PMC gathering all coalition partners made it clear they want Morero gone.

However, on Thursday the ANC came out guns blazing, pouring cold water on claims it is considering the petition by minority parties to instruct Morero to resign.

The party rejected the statements as “reckless, misleading and amounting to political overreach and interference” in their internal democratic processes.


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