Legal opinion confirms ‘removal’ of Mayor Trollip and Speaker Lawack unlawful and invalid

You can contribute to the campaign to keep the DA-led coalition in office, as we prepare for court action.

A legal opinion obtained by Nelson Mandela Bay (NMB) City Manager, Johan Mettler, on the election of Buyelwa Mafaya as Speaker and the subsequent removal of Mayor Athol Trollip, has confirmed that it was “unlawful, invalid, and capable of being set aside”.

The DA has already committed to taking the council’s decision on review as we believe that the process to appoint the new Speaker was procedurally invalid and therefore, that the “removal” of Mayor Trollip was also invalid.

Section 36(3) of the Municipal Structures Act (117 of 1998) states 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”

After Speaker Jonathan Lawack was removed, the Municipal Manager, Johann Mettler, adjourned the council sitting as quorum had been broken. Eastern Cape MEC for Cooperative Governance and Traditional Affairs, Fikile Xasa, then incorrectly invoked Section 36(3) and designated an individual to preside over two decisions:

  1. The election of ANC Councillor, Buyelwa Mafaya, as Speaker; and
  2. The Motion of No Confidence in Executive Mayor, Athol Trollip.

This was despite the Municipal Manager being both present and able to preside over the sitting. This is in clear contravention of the Municipal Structures Act. Therefore, the election of Buyelwa Mafaya as Speaker, and the subsequent Motion of No Confidence in Athol Trollip as invalid.

The legal opinion confirms our view. Specifically, it states that:

Having regard to the factual circumstances that prevailed, it can never be said that the Municipal Manager was not available.” The opinion goes on to state that the Municipal Manager was “physically available and accordingly, the appointment of such other person to chair the election of a Speaker was unlawful and invalid with the concomitant result that the appointment of a Speaker and the subsequent appointment of a new Mayor are similarly unlawful, invalid and capable of being reviewed and set aside

Over the last 24 months, the DA-led coalition government has made large strides to better the lives of the people of NMB by speeding up the delivery of basic services, squeezing out corruption and building an inclusive economy that creates jobs.

The real motivation for the attempted removal of Mayor Trollip is clear: for the ANC, UDM and the EFF to once again get access to the people’s money in order to fill their own pockets and their party coffers ahead of the 2019 national elections. This is a coalition of the corrupt, not in the interest of the people of NMB.

The DA will not back down in the fight to end corruption, deliver better services and create jobs and will continue to do so in the best interest of the people of NMB.

You can contribute to the campaign to keep the DA-led coalition in office, as we prepare for court action.

DA to take unlawful removal of NMB Mayor Trollip on legal review

The following remarks were delivered today by Democratic Alliance (DA) Leader, Mmusi Maimane, at a press conference in Cape Town. Maimane was joined by DA Federal Chairperson, Athol Trollip, and DA National Spokesperson, Solly Malatsi.

In 2016, the DA-led coalition government consisting of coalition partners DA, ACDP, COPE, and UDM – and later the PA – set out to eradicate corruption, deliver basic services and ensure people of Nelson Mandela Bay were able to find work. Throughout the challenges faced, we have seen many successes and shown real progress in delivering services to the people of NMB.

Yesterday, the people of Nelson Mandela Bay witnessed the newly formed coalition of corruption between the ANC, UDM and EFF banding together to undermine the will of the electorate by unlawfully removing its duly elected DA-led coalition government. This was a mock council meeting that elected a mock government, and we are of the view that yesterday’s proceedings are invalid in law.

The motivation for this unscrupulous move is clear: for the ANC, UDM and the EFF to gain unfettered access to public funds in order to fill their own pockets and their party coffers ahead of the 2019 national elections. This criminal behavior is well documented in Crispian Olver’s book, How to Steal a City. It is an attempt to steal the city back.

The scapegoat, too, is clear: the colour of Athol Trollip’s skin. This despite the incredible work the DA-led coalition government has done over the past 24 months to better the lives of the people of NMB by speeding up the delivery of basic services.

We categorically denounce this move and call it out for what it was – a political coup by this coalition of corruption hellbent on re-establishing patronage networks that enrich the few at the expense of the many. It is also disgraceful that the UDM – who forms part of the official coalition agreement that governs NMB – showed complete disregard for this agreement and voted with the ANC and the EFF in a new coalition of corruption. This is a party with 2% of the vote, and certainly does not have a mandate from the people of NMB.

Following consultation with our legal team, we have resolved to take council’s decision to remove Athol Trollip as Executive Mayor on legal review as 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.

Specifically, Section 36(3) of the Municipal Structures Act (117 of 1998) states 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” (Emphasis added)

Following the removal of Speaker Jonathan Lawack, the Municipal Manager, Johann Mettler had adjourned the council sitting as quorum had been broken. 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:

  1. The election of ANC Councillor, Buyelwa Mafaya, as Speaker; and
  2. 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. 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.

This coalition of corruption was also able to turn a DA councillor, Victor Manyathi, against us. They preyed on his legal and financial vulnerability to lure him into treachery. We have in any case served him notice of intention to cessate his DA membership.

The battle in NMB is between those who want to steal public money to make themselves rich, and those who are committed to ensuring public money is directed to creating work, building houses and roads, and delivering a clean, delivery-oriented government that serves all the people. Former President Jacob Zuma publicly admitted this when addressing the ANC’s Amathole regional conference in the Eastern Cape in 2017, stating that:

“Of all the metros, I won’t talk about the Nelson Mandela Bay metro, because you know all about it. We ruined it for years, bit by bit. Now the opposition is in charge. We cannot say we are surprised by that.”

And just last month, ANC Treasurer in the NMB Region, Mbulelo Gidane, alluded to the party’s dire financial situation in the region as follows:

“Let me scare you immediately – asinamali [we do not have money]. We are currently sitting at a deficit. Financially‚ our situation is critically bad.”

The EFF, UDM and other similar small parties have actively attempted to hand Nelson Mandela Bay back to the very thieves and crooks who had previously brought the metro to its knees. They will have to answer to the voters for this.

During the DA-led coalition government’s 24 months in government, great strides were made in turning iBhayi around and making real progress. This includes:

  • 12 000 residents receiving running water and flush toilets in their homes for the very first time;
  • The establishment of NMB’s first ever Metro Police Force, with two satellite stations in KwaNobuhle and Bethelsdorp, and 135 officers who have attended to over 25 000 crime fighting interactions;
  • Eradicating 60% of the 16 000 bucket toilets inherited from the previous ANC government;
  • Reducing gang related crime by 11% in Helenvale and surrounding areas over the past 6 months, due mainly to new Shot-spotter technology;
  • Bringing the city to its best financial position in 10 years, with a surplus of R2 billion and a recently received AAA credit rating;
  • Exposing and stopping corruption on contracts to the tune of R615 million;
  • Tripling the number of EPWP jobs created annually; and
  • Ensuring the city’s IPTS bus service is up and running, with busses on the road and serving the people.

This battle is far from over. We will not relent in our efforts to keep the hands of the corrupt cabal off of the people’s money in NMB. Athol Trollip and his coalition government have begun the work in stopping corruption, delivering better services and creating jobs. This work will continue.

ANC, UDM and EFF vote together to bring corruption back to Nelson Mandela Bay

In today’s council sitting, the ANC, UDM and EFF banded together and supported a Motion of No Confidence to remove the DA-led coalition administration in Nelson Mandela Bay, removing both Mayor Athol Trollip and Speaker Jonathan Lawack. This decision by the unholy alliance of the ANC, EFF and UDM is in order to fill their own party coffers with public funds and bring looting back ahead of the 2019 elections. The ANC and the EFF have rejected the will of the people in favour of enriching themselves.

The ANC lost Nelson Mandela Bay in 2016 as the people of the Bay finally fired them after two decades of brazen corruption. Since then, the DA-led government has turned the tide on corruption and ensured the people’s money is spent on benefitting the people of Nelson Mandela Bay

However, the ANC, UDM and EFF have today united around a shared interest – eating public funds designed to create work and deliver services to the people. This matter is quite simple. It is a battle between those who want to plunder state resources for themselves and their friends and those who are working tirelessly to empower the citizens of our nation.

The DA-led government has already made a huge difference in Nelson Mandela Bay. In just 24 months in office, the DA-led government achieved the following successes:

• The City is now financially liquid with over R2 billion in the bank and recently received a AAA credit rating;
• Achieved annual financial statements that indicate the administration has achieved record levels of spending in the financial year 2017/18;
• Installed the first ever metro police force, with 135 fully trained officers who have attended to over 25 000 crime fighting interactions;
• Boasts one of the best Urban Settlements Development Grant (USDG) spending performances in the country at 97% this year;
• Has successfully exposed and stopped corruption on contracts to the tune of R615 million, eradicated 9046 bucket toilets, resurfaced 55 820 square metres of road and managed to triple the number of annual jobs created by the EPWP (Expanded Public Works Program);
• Significantly improved turnaround times on administrative functions such as building plan approval and rates clearance transactions;
• The Thusong Centre in Motherwell was completed and opened within a year after R12 million was spent, a total of 5439 EPWP jobs were created and 646 streetlights installed in a number of areas;
• The Shot-spotter technology installed in Helenvale also proved to be a great success and within 90 days of its installation, gunshots were reduced by 90%; and
• IPTS busses are on the road, and the highly secured Clearly Park Bus Depot has been completed.

Every day the DA is in government is a threat to the corrupt and divisive politics of the ANC¸UDM and EFF. They know that residents are experiencing a real alternative under DA-led governments, corruption is being eradicated, services are delivered, and opportunity is being created for all.

We call on all South Africans to punish the ANC, UDM and EFF at the ballot box in 2019. They have stolen the will of the people of Nelson Mandela Bay and brought back corruption to a city that rejected the ANC just two years ago.

DA welcomes gazetting of Integrated Resource Plan

The DA welcomes the gazetting of the latest Integrated Resource Plan (IRP) by Energy Minister Jeff Radebe after a number of false starts over the last few years.

In particular, we welcome the policy shift away from building new nuclear power plants. This IRP confirms that former President Jacob Zuma’s corrupt nuclear deal has been shut down in favour of cheaper, cleaner sources of energy.

Minister Radebe and President Ramaphosa deserve credit for taking on the Zuma faction and winning. It is now presumably up to Deputy President David Mabuza – as the President’s special envoy to Russia – to explain to President Vladimir Putin that the nuclear deal is off. We wish him the best of luck on his mission.

The fact of the matter is that we never needed new nuclear plants, and we didn’t have the money to build them. On this score, the new draft IRP is a substantial improvement on the old one.

The plan includes the following new additional capacity by 2030:

  • 1000 MW of generation from coal (previously 16386 MW)
  • 2500 MW from hydro (previously 3399 MW)
  • 5670 MW from solar PV (previously 0 MW)
  • 8100 MW from wind (previously 11800 MW)
  • 8100 MW from gas (previously 8666 MW).
  • 0 MW from nuclear (previously 9600 MW)

We will study the IRP further during the 60-day public consultation period, and will begin engaging with various experts. We will also table the draft IRP for discussion with the Minister and Department of Energy officials in the parliamentary Portfolio Committee.

It appears that a difficult chapter in the energy sector is coming to a close. We are moving towards cleaner, renewable energy and away from the corrupt nuclear deal. This is something to be welcomed.

Jika Joe residents deserve dignified and safe housing after they lost all in a fire

This statement follows our oversight inspection of the Jika Joe informal settlements in Masukwane, Pietermaritzburg, by DA Shadow Minister of Human Settlements, Solly Malatsi MP and DA KZN Spokesperson on Human Settlements, George Mari MPL.

 Please find soundbites in English and Sepedi by Mr Malatsi. View pictures here, here, here, here, here, and here.

Today, I was joined by my colleague DA KZN Spokesperson on Human Settlements, George Mari MPL, on an oversight inspection of the Jika Joe informal settlements in Pietermaritzburg, after residents lost their homes and all their belongings in a fire.

From the many oversight inspections the DA has done across the country, it has become clear that the ANC government is out of touch with the people and that they are better at breaking promises than delivering quality housing and basic services. The same truth was clear at the Jika Joe settlement today.

When the DA arrived, it was immediately clear that the makeshift tents that the residents are currently living in, are not fit or dignified. No human being deserves to live in those tents, whether temporarily or not.

It was clear throughout the oversight visit that the Msunduzi municipality is in failing in its Constitutional duty to provide basic free services to the residents of Jika Joe informal settlement. The municipality’s failure to remove refuse in the area or to do any general maintenance has left the area looking like a massive dumping site full of waste and filth.

One can only conclude that the ANC-led Msunduzi municipality’s failure to do its job of providing basic services to the residents is political punishment for the DA winning the ward in the 2016 municipal elections. It is a shameful act of abuse of political power to deny residents basic services because they exercised their democratic right to vote for a party of their choice.

The DA will request that the Msunduzi local government urgently present and detailed plan on the long-term solutions to address the current undignified living conditions, including:

  • If residents will be moved to an alternative and suitable site;
  • Whether there has been any consultation with the people most affected;
  • If there are any plans in place to provide dignified housing for the residents;
  • What is the time frame for when the housing be ready.

For too long, the ANC’s corruption has stolen from the people of South Africa. The time for excuses and broken promises is over.

The DA is committed to being a responsive national government that works hard to make life better for all South Africans. The DA believes that our people should know the dignity of owning their own home which has basic services like water, electricity and sanitation they deserve.

 

Court confirms date for the DA’s Zuma legal fees case

The DA has received confirmation that our application to review and set aside the agreements between the Presidency and Jacob Zuma, to cover the legal costs incurred by him for his criminal prosecution, will be heard in the High Court in Pretoria on 6 and 7 November 2018, before a full bench.

In March, the DA filed papers asking that the agreement be reviewed, declared invalid and set aside.

It has been confirmed that the State has already spent at least R15.3 million on Mr Zuma’s legal costs. This figure is likely to be significantly higher as this amount is confined only to the litigation involving the DA.

We have also requested that the court order that the R15.3 million already spent be refunded to the State.

The DA believes that South Africans have already paid dearly for the ANC’s corruption. Mr Zuma, especially, should not be entitled to any more financial support from the public coffers.

The DA will continue the fight to ensure the R15.3 million already spent to defend Zuma is refunded and that he is not given a single cent more.

ANC’s call for fresh elections in Tshwane and CoJ a cheap political gimmick defying voters’ choice

The Democratic Alliance (DA) notes the press conference by the ANC Deputy Provincial Chairperson, Panyaza Lesufi, where he made remarks regarding the state of DA-led coalition governments and his party’s decision to call for fresh elections in the City of Tshwane.

Lesufi stated that the call for a fresh election is for “the of people of Tshwane [to] elect a government of their choice”.

This latest political gimmick by the ANC is ironic considering that the people of Tshwane in the 2016 Local Government Elections elected a government of their choice and voted the ANC out of power. The residents of Tshwane gave a mandate for the DA and other opposition parties to form a coalition government to administrate the business of the City and deliver services to its residents.

Over the past two years in the City of Johannesburg and the City of Tshwane, Mayors Herman Mashaba and Solly Msimanga uncovered 22 years of billions in rands of looting, corruption and abuse of the people’s money to fund the ANC’s elections.

In just two years, the DA-led coalitions governments of Johannesburg and Tshwane have turn things around and the two metros are thriving. In Johannesburg:

  • The City closed out the 2017/18 financial year with an improved performance in the unaudited financial reports. Cash reserves now stand at R1.9 billion with R6 billion in loans now repaid;
  • Over 2 000 title deeds have been delivered to residents who have waited for the dignity of home ownership for many years, and the City has started delivering services to 51 informal settlements neglected by the previous administration; and
  • With 1 500 more Johannesburg Metro Police Department (JMPD) Officers on the streets, the City has become much safer than before.

In Tshwane:

  • The DA inherited a R2 billion deficit from the ANC, however, in the 2016/17 the City closed out at a R704 operating surplus;
  • Mayor Msimanga sold the so-called “Mayoral Mansion” for R5.1 million in order to build houses for the disadvantaged. Proceeds from this sale are already being used to build more than 40 houses for those without; and
  • Following much-needed reforms to root out corruption, the Capital City has allocated R137.2 million towards the Extended Public Works Programme (EPWP) initiatives this financial year. This will lead to more jobs and skills for the unemployed.

These are only a few examples of the DA difference. Unlike the ANC, we have put the people of Johannesburg and Tshwane above petty politics and have exposed and rooted out corruption, created jobs, tackled crime, delivered service and given our people the dignity of a roof over their heads.

Whilst the ANC continuous to destabilise legitimate and democratically established governments in our metros, we will continue to do the work of bringing tangible change and building One South Africa for All.

Police Commissioner must release long overdue quarterly crime statistics on Wednesday

National Police Commissioner, General Khehla Sitole, is due to appear before Parliament’s Portfolio Committee on Police on Wednesday where he is expected to do a presentation on crime against women and children. The Democratic Alliance would like to urge the Police Commissioner to use this opportunity to also release the 2017/18 and 2018/19 quarterly crime reports for all other crimes.

In the past, the South African Police Services (SAPS) have continuously assured the Committee that it would release crime statistics on a quarterly basis, however, the release of these reports is long overdue.

The last time the Committee was briefed in this regard was last year with the release of the 2016/17 annual crime statistics.

It would seem as though the SAPS is purposely attempting to either postpone or avoid the release of the quarterly crime reports.

This is unacceptable given that the police have a duty to report honestly, accurately and timeously on crime statistics.

Hiding the truth of how effective the police truly is, will not solve the high crime rates in our country.

Our country deserves a professional and well-resourced police force which will bring down the high crime levels in the country, and not one which withholds the truth about them.

The DA has long maintained that the high crime levels in South Africa are the direct result of the chronic under-training, under-staffing, under-resourcing and under-equipping of the police service.

We are committed to building a police service that is adequately resourced, equipped and trained and dedicated to ensuring safer streets and homes in South Africa for all.

If the ANC wanted to give land to the people of Mkhondo, they would have

The following remarks were delivered by the Leader of the Democratic Alliance (DA), Mmusi Maimane, at a public meeting in Mkhondo, Mpumalanga, today.

My fellow South Africans, people of Mkhondo.

I have just come from an engagement with a large number of traditional leaders from various communities in this region. During this meeting we discussed the ongoing and unresolved issues around land, as well as the lack of recognition of many of these leaders as chiefs on their own land.

What became very clear during this meeting is that the ANC government does not have the will to resolve the issue of land in this area. The land claims registered here 20 years ago in 1998 are no nearer to being resolved than they were back then.

This is partly because it is a complex land issue, dating back to when the border between SA and Swaziland was drawn up. But many land claims in our country are complex – we cannot allow this to deter us in our efforts to return the land to the people with a rightful claim. But the main reason why this has dragged on for so many years is because it is not in the ANC’s interest to empower the Swazi people living on these lands with ownership.

Forget what the ANC says in the media about land reform and land restitution. Forget about President Ramaphosa’s promises and commitments. Words mean nothing until you put them into action. And when judged on their actions, it is clear that this ANC government has no desire to give these communities ownership of their land.

Land reform is about addressing injustice, but it is also about restoring dignity and recognising culture and history. Often people have ancestors buried on the land and it is important to stay connected to this history.

The leaders I met today have been asking for decades now for the land – large parts of which are owned by the state – to be returned to the traditional houses who occupy it. They have also been asking for decades that these houses and their chiefs be recognised on their land, and that they be allowed to practice their Swazi culture.

And while the ANC has spent two and a half decades dragging its feet on the land claim, they have let the towns and villages here deteriorate to a point where the conditions are barely liveable. Amsterdam has become an indigent town. Unemployment has skyrocketed, many businesses have closed down or moved away and the last bank here shut its doors. There isn’t even a sewer system in Amsterdam, and the Small Town Regeneration project promised back in 2016 never happened.

I am told the ANC is only visible here before elections, when they roll into town with food parcels. Because that’s all that the people in these communities mean to them: easy votes. And it’s the same with the community leaders they installed here – they are simply being used by the ANC to deliver votes in exchange for patronage. It is crucial that there is transparency in the allocation and recognition of traditional leadership. Because when this is done through back room deals, corruption is sure to follow.

I have given the chiefs I met today an undertaking that the DA will help take their fight further. I assured them that when we say we want to empower people through ownership of their own land, we mean it. Unlike the ANC, who say one thing to the media, but do another when it comes to actually transferring land ownership.

And also unlike the EFF who have no intention of ever giving people ownership of the land. They want the state to own it all and make the people permanent tenants on their own land. That’s not empowerment. That’s just permanent serfdom.

It is important that people don’t fall for either the ANC or the EFF’s rhetoric on land, because for the ANC it’s little more than an election strategy, and for the EFF it’s a shortcut to the misery and poverty of a country like Venezuela. Their calls for land grabs must be strongly condemned, because if we give up on the rule of law it will harm everyone.

The only party that has shown it is truly committed to meaningful land reform is the DA. We’re doing it in the Western Cape, where our land reform projects have a far higher success rate than anywhere else. We’re doing it in the Eastern Cape where we’re helping a community in Gwatyu in their fight with government for land ownership. We’re doing it in Limpopo where we’re helping Mr David Rakgase fight a landmark court case for the right to own his farm. And we will do it here in Mpumalanga with you too.

Over the next year you will hear many stories from the ANC and the EFF about land. It is important that you don’t confuse an election strategy with a workable plan. And if you’re serious about real land ownership, with title deed, there is only one party fighting in your corner, and that party is the DA.

Thank you.

We deserve professional SAPS which protects people

Today, the DA and DASO picketed outside the Soshanguve Police Station after a Tshwane University of Technology (TUT) student was allegedly shot and killed by a South African Police Service (SAPS) member.

Pictures of the picket can be found here and here, and soundbites in English by Natasha Mazzone MP, in Setswana by Abel Tau Cllr and isiXhosa by Luyolo Mphiti.

South Africans and young people deserve a professional police service that protects life and does not take it.