The Democratic Alliance said it would mount a court challenge in the PE High Court against the ousting of the DA-led coalition government at a drama-filled Council meeting on Monday.
This was announced in Cape Town by the ousted mayor, Athol Trollip, accompanied by DA leader Mmusi Maimane and National spokesperson, Solly Malatsi.
Trollip said what happened in Council “was illegal”.
He also questioned the role of Eastern Cape Cooperative Governance MEC, Fikile Xasa, who intervened to ensure that the meeting went ahead even though the DA said the City Manager had adjourned the meeting for seven days.
DA leader Mmusi Maimane said that following consultation with their legal team, they had resolved to take council’s decision to remove Athol Trollip as Executive Mayor on legal review.
“We are of the opinion that the sitting was procedurally invalid and lacked legitimate authority to legally elect a new Speaker, and then subsequently pass the Motion of No Confidence in the Executive Mayor,” Maimane said.
He referred specifically to Section 36(3) of the Municipal Structures Act (117 of 1998) which he said stated that “the municipal manager of the municipality or, if the Municipal manager is not available, a person designated by the MEC for local government in the province, presides over the election of a speaker.”
Maimane said following the removal of Speaker Jonathan Lawack, the Municipal Manager, Johann Mettler had adjourned the council sitting as quorum had been broken.
He said subsequent to that, the Eastern Cape MEC for Cooperative Governance and Traditional Affairs, Fikile Xasa, “erroneously invoked Section 36(3) and designated an individual to preside over two decisions” to elect a new Speaker and the Motion of No Confidence in Executive Mayor, Athol Trollip.
“Despite the fact that the Municipal Manager was both present and not incapacitate to preside over the sitting, he was denied his role by MEC Xasa and the person designated by him,” Maimane said.
“This is in contravention of the clear requirements of the Municipal Structures Act and therefore renders the election of Buyelwa Mafaya as Speaker, and the subsequent Motion of No Confidence in Athol Trollip as invalid in law,” he added.
