DA application is 'null and void'
A founding affidavit deposed by a DA provincial member of the legislature was based on hearsay and therefore nullifies the DA's application to suspend resolutions made on December 5.
This was according to Advocate Phazha Ngandwe who urged the North Gauteng High Court to dismiss an application submitted by deputy speaker Zweli Khumalo, speaker Katlego Mathebe, mayor Stevens Mokgalapa and acting mayor Abel Tau.
Ngandwe, who was representing the ANC, told the court that the application brought by the applicants was based on hearsay because Crezanne Bosch, the DA member of the Gauteng legislature, was not present during a meeting that led to the ousting of Mokgalapa and Mathebe.
In Bosch's affidavit, she said she was present during the meeting and that she witnessed the chaotic situation that led to a resolution that ousted the speaker and mayor.
Ngadwe argued that the court should dismiss the application because it was not urgent and that it should be struck off the roll.
"This application is not urgent because the DA failed to exhaust all its options to resolve this matter. As council they needed to exhaust all the avenues afforded to it before coming to court," Ndangwe said.
He told the court that throwing out the application would allow for council processes to unfold in reviewing the matter in dispute.
The Tshwane ANC and EFF successfully ousted Mokgalapa and Mathebe when 110 votes were for the motion of no confidence at a special council sitting on December 5.
The DA responded by taking legal action, stating that the ANC and EFF had orchestrated a coup by hijacking the sitting.
According to the two urgent applications brought separately by the DA and the mayor and speaker, the two motions of no confidence that were passed and voted for were done so illegally.
The DA argued that the council sitting was hijacked by the two parties after Mathebe had recused herself from presiding over the matter to avoid conflicts of interest.
Their legal team argued that the intervention by the Gauteng Cooperative Government on Traditional Affairs flouted the Municipal Structures Act as Khumalo and the acting city manager were available to preside over the sitting.
Judge J Tuchten reserved judgment.
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