At a meeting of the Nelson Mandela Bay Council on Wednesday 24 July 2013, at least four illegal decisions contrary to the Systems Act 32 of 2000 were taken were taken by the ANC, ACDP, COPE and UDM Councillors present at the meeting.
The Democratic Alliance while in support of the concerns raised by municipal workers abstained from voting as we will not be bullied by the ANC or striking workers who held Councillors against their will and forced decisions to be taken under duress.
The four illegal decisions taken by the ANC, COPE, ACDP and UDM Councillors are:
- The appointment of two hundred (200) Law enforcement officers not provided for on the organogram of the Nelson Mandela Bay Metropolitan Municipality. Section 66 as amended by Act 7 of 2011 clearly provides that any appointment/s made in contravention of this section will be null and void;
- The illegal appointment of Dr. E.M CHABULA-NXIWENI as acting City Manager. Dr E.M CHABULA-NXIWENI does not possess the prescribed minimum competency levels as required by National Treasury and also Act 32 of 2000;
- The items presented to Council were incompetent items for consideration and due notice of the meeting of 24 July 2013 was not given;
- The Speaker of Council declared in terms of Council Rule 16.3, at or about 11:30 am that she could not guarantee the safety of Councillors. Safety became an issue after striking workers violently entered the Council Chamber, occupying the chamber and putting their demands to Councillors. The meeting continued in spite of the ruling made by the Speaker of Council and moreover, the duress under which these decisions were taken belonged in a lawless state.
The DA has written to MEC Qoboshiyane appealing that he lay charges against the illegal strikers and that he take action in line with the Systems Act 32 of 2000, as amended, which states that Councillors may not vote in favour of or agree with a resolution contrary to legislation
A DA governed Nelson Mandela Bay Municipality would have never tolerated this situation. When we take control of this municipality in 2016 we will ensure that the rule of law applies and that worker’s legitimate issues are resolved timeously.
Leon De Villiers
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