Buffalo City Metro council has 14 days to seek legal clarity on whether or not it erred when electing its new mayor and deputy with a show of hands instead of a secret ballot.
This follows a motion by the Pan Africanist Congress (PAC) at yesterday’s council meeting at Abbotsford Christian Centre.
The PAC’s chief whip Jerome Mdyolo challenged the election of mayor Alfred Mtsi and deputy Xola Pakati four months ago, claiming it was “fundamentally flawed”.
Mdyolo stated it was the first time a mayor and deputy had been elected in such a manner. “This is setting a wrong precedent and is against legislation.”
In his submission Mdyolo referred to the Municipal Structures Act on election procedure for mayors which states that “a vote must be taken in a meeting by a secret ballot”.
Mdyolo’s motion states that: “A vote through a show of hand(s) was used to elect both the ‘mayor and deputy mayor’ as opposed to a secret ballot.”
The party blames BCM council speaker Luleka Simon-Ndzele who presided over the June council meeting which elected the two into office, saying she “should undergo intensive training” because she failed to apply the same rules used to put her in office.
The PAC recommended that a special council meeting be convened within 14 days to elect Mtsi and Pakati as legislated, a recommendation which council chief whip Mzwandile Vaaibom endorsed.
Vaaibom said: “After receiving advice on the matter, we are prepared to ratify any decision taken by this council. I so move madam speaker that on behalf of the ANC that a council be convened as per the recommendation.”
But Mdyolo recommended that legal opinion first be sought to empower the processes of the special council meeting.
DA councillor Jan Smit also agreed with the PAC recommendation.
Simon-Ndzele concluded the item by saying: “Agreed” and councillors responded saying: “Agreed”, to the amusement of everyone, including Mdyolo.
Election of BCM boss and deputy was flawed
This follows a motion by the Pan Africanist Congress (PAC) at yesterday’s council meeting at Abbotsford Christian Centre.
The PAC’s chief whip Jerome Mdyolo challenged the election of mayor Alfred Mtsi and deputy Xola Pakati four months ago, claiming it was “fundamentally flawed”.
Mdyolo stated it was the first time a mayor and deputy had been elected in such a manner. “This is setting a wrong precedent and is against legislation.”
In his submission Mdyolo referred to the Municipal Structures Act on election procedure for mayors which states that “a vote must be taken in a meeting by a secret ballot”.
Mdyolo’s motion states that: “A vote through a show of hand(s) was used to elect both the ‘mayor and deputy mayor’ as opposed to a secret ballot.”
The party blames BCM council speaker Luleka Simon-Ndzele who presided over the June council meeting which elected the two into office, saying she “should undergo intensive training” because she failed to apply the same rules used to put her in office.
The PAC recommended that a special council meeting be convened within 14 days to elect Mtsi and Pakati as legislated, a recommendation which council chief whip Mzwandile Vaaibom endorsed.
Vaaibom said: “After receiving advice on the matter, we are prepared to ratify any decision taken by this council. I so move madam speaker that on behalf of the ANC that a council be convened as per the recommendation.”
But Mdyolo recommended that legal opinion first be sought to empower the processes of the special council meeting.
DA councillor Jan Smit also agreed with the PAC recommendation.
Simon-Ndzele concluded the item by saying: “Agreed” and councillors responded saying: “Agreed”, to the amusement of everyone, including Mdyolo.
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