Buffalo City’s mayor and his deputy were both forced to resign yesterday so that they could be re-elected, after the metro’s legal services section informed council that their initial election into office was illegal.
Mayor Alfred Mtsi and deputy Xola Pakati were elected into the executive positions of the council in June through a show of hands.
This was after municipal manager Andile Fani advised the council that it had an option to either vote by a show of hands or through a secret ballot.
The June 11 council voted in favour of a show of hands, which saw the two sworn in as mayor and deputy mayor immediately thereafter.
But PAC BCM council Jerome Mdyolo submitted a motion at last week’s council meeting in which he described the appointment of the two as “flawed” and against the Municipal Systems Act.
The law states that voting for such an election has to be conducted through a secret ballot.
The council resolved to seek legal advice and ratify the process followed if needed.
The legal report tabled yesterday recommended that the process be started from scratch for compliance. This saw both Mtsi and Pakati resigning their positions.
Acting municipal manager Nonceba Mbali-Majeng was announced as the day’s municipal elections officer (MEO) and she immediately took the council through the process of voting through a secret ballot.
The nomination process started with Mtsi and DA councillor Robert Muzzell being nominated for the mayoral position, while the ANC nominated Pakati as deputy mayor against the DA’s Jan Smit.
Speaker Luleka Simon-Ndzele announced that Mtsi remained mayor after securing 61 votes against Muzzell’s 17. Six ballot papers were declared spoilt.
In the deputy mayor position, Pakati retained his position after securing 57 votes against Smit’s 17.
There were five spoilt ballots in that voting round and five more abstained.
Things nearly became more complex after the election as ANC chief whip Mzwandile Vaaibom in final remarks said now that the appointment of the two had been ratified, the council must continue as usual – a view Mdyolo and COPE councillor Khayalandile Twalingca disagreed with.
Mdyolo and Twalingca argued that the nullification of the appointment of Mtsi in June by implication impacted on decisions the two made as mayor between then and now.
Mdyolo mentioned the case of the mayoral committee which is dissolved automatically once the mayor resigns.
But ANC councillor Sindiswa Gomba recommended that all the gaps had to be filled immediately, to save time.
Gomba added: “Madam, one of the issues is that they have benefits. They have packages. They have allowances that they have already withdrawn from the institution.
“Let us openly ratify those actions as council and agree to write immediately to the MEC of Cogta and write to the Minister of Local Government and explain our situation so that we don’t irregular expenditure,” said Gomba.
Mtsi later officially announced the new mayoral committee, while the council adopted Gomba’s recommendation of writing letters to Xasa and Gordhan on the resolutions of yesterday’s council. — zineg@dispatch.co.za
Mayor, deputy both resign to be re-elected
Mayor Alfred Mtsi and deputy Xola Pakati were elected into the executive positions of the council in June through a show of hands.
This was after municipal manager Andile Fani advised the council that it had an option to either vote by a show of hands or through a secret ballot.
The June 11 council voted in favour of a show of hands, which saw the two sworn in as mayor and deputy mayor immediately thereafter.
But PAC BCM council Jerome Mdyolo submitted a motion at last week’s council meeting in which he described the appointment of the two as “flawed” and against the Municipal Systems Act.
The law states that voting for such an election has to be conducted through a secret ballot.
The council resolved to seek legal advice and ratify the process followed if needed.
The legal report tabled yesterday recommended that the process be started from scratch for compliance. This saw both Mtsi and Pakati resigning their positions.
Acting municipal manager Nonceba Mbali-Majeng was announced as the day’s municipal elections officer (MEO) and she immediately took the council through the process of voting through a secret ballot.
The nomination process started with Mtsi and DA councillor Robert Muzzell being nominated for the mayoral position, while the ANC nominated Pakati as deputy mayor against the DA’s Jan Smit.
Speaker Luleka Simon-Ndzele announced that Mtsi remained mayor after securing 61 votes against Muzzell’s 17. Six ballot papers were declared spoilt.
In the deputy mayor position, Pakati retained his position after securing 57 votes against Smit’s 17.
There were five spoilt ballots in that voting round and five more abstained.
Things nearly became more complex after the election as ANC chief whip Mzwandile Vaaibom in final remarks said now that the appointment of the two had been ratified, the council must continue as usual – a view Mdyolo and COPE councillor Khayalandile Twalingca disagreed with.
Mdyolo and Twalingca argued that the nullification of the appointment of Mtsi in June by implication impacted on decisions the two made as mayor between then and now.
Mdyolo mentioned the case of the mayoral committee which is dissolved automatically once the mayor resigns.
But ANC councillor Sindiswa Gomba recommended that all the gaps had to be filled immediately, to save time.
Gomba added: “Madam, one of the issues is that they have benefits. They have packages. They have allowances that they have already withdrawn from the institution.
“Let us openly ratify those actions as council and agree to write immediately to the MEC of Cogta and write to the Minister of Local Government and explain our situation so that we don’t irregular expenditure,” said Gomba.
Mtsi later officially announced the new mayoral committee, while the council adopted Gomba’s recommendation of writing letters to Xasa and Gordhan on the resolutions of yesterday’s council. — zineg@dispatch.co.za
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