Tempers flared at a Nelson Mandela Bay council meeting on Thursday when speaker Eugene Johnson said she had not seen a motion of no confidence against the deputy mayor from the DA.
The DA threatened to take legal action should the motion not be tabled, saying it would push for Johnson to be held personally liable for the legal costs.
DA councillor Morne Steyn filed the motion on November 15 calling for the removal of Van Niekerk after he was arrested on criminal charges of contravening the Municipal Finance Management Act (MFMA) and cyber fraud, among other things.
In a separate council process, an ad hoc committee appointed by the council to investigate claims of misconduct against Van Niekerk found him guilty of going against the provisions of the MFMA and the code of conduct for councillors.
But when the motion was not included in the council agenda for Thursday’s meeting, DA caucus leader Rano Kayser questioned how the motion had been cast aside.
Kayser said of the DA’s motions in the agenda, there was an important one that had been left out.
“Respectfully speaker, there’s no provision in the council rules of order nor in the Municipal Structures or Systems Act that guides us, that gives you as speaker the sole mandate to decide which motions to bring to council,” Kayser said.
“It’s the responsibility of council, therefore your decision to reject this motion is unwarranted.”
Johnson said it was not correct for the motion to be brought to council when there was a process with the MEC for co-operative governance and traditional affairs, Zolile Williams, under way.
“I haven’t even seen the motion,” Johnson said.
“You didn’t do what you were supposed to do as per the advice of the multiparty whippery.
“Normally, when we respond in writing on a motion and a councillor is not happy, they would write back or call to indicate such but councillor Steyn did not do so.”
DA councillor Gustav Rautenbach said what Williams was considering was a totally different process.
“We are talking about two processes, the ad hoc committee report and the MEC are one thing, however, the motion by councillor Steyn is another legal process and that was accepted by your office on November 15 when the motion was submitted.
“You can’t throw the motion out on the basis of a process with the MEC, that’s illegal practice.”
ANC councillor Bongani Mani said the issue of the motion was dealt with during the multiparty whippery meeting.
“I’m not sure what Gustav [Rautenbach] is trying to do because yesterday we were in a multiparty meeting together, which councillor Kayser didn’t attend.
“We could’ve dealt with this in a particular approach.
“The DA indicated that one of their motions received a written reply and another did not.
“We advised them that they should go to the speaker’s office and seek that interaction, so the DA must not come here and do this.”
ACDP councillor Lance Grootboom said if the motion was submitted timeously and deemed competent it had to go to the council.
“This is a simple matter. You [speaker] are the custodian of the rules of order, you must ask yourself was the notice submitted to your office, was it done within 10 days and if it was, it must come to council.”
Responding to Johnson, Steyn said the speaker was embarrassing her office by denying receipt of the motion.
“The administration is also embarrassing you. We’ve just had an argument where the motion was denied in front of all of us,” Steyn said.
“I personally submitted the motion on November 15, scanned and emailed it to your office and you also acknowledged receipt in The Herald the following day.
“There are several other motions you’ve rejected when you don’t have power to do so.
“If you continue in this manner we’ll have no choice but to institute legal action against you to force you to comply with your duties and you’ll be personally liable for the costs and not the ratepayers.”
GOOD councillor Lawrence Troon requested that council take a break for parties to deliberate on the matter.
HeraldLIVE
Nelson Mandela Bay councillors lock horns over Van Niekerk no-confidence motion
Image: File Picture
Tempers flared at a Nelson Mandela Bay council meeting on Thursday when speaker Eugene Johnson said she had not seen a motion of no confidence against the deputy mayor from the DA.
The DA threatened to take legal action should the motion not be tabled, saying it would push for Johnson to be held personally liable for the legal costs.
DA councillor Morne Steyn filed the motion on November 15 calling for the removal of Van Niekerk after he was arrested on criminal charges of contravening the Municipal Finance Management Act (MFMA) and cyber fraud, among other things.
In a separate council process, an ad hoc committee appointed by the council to investigate claims of misconduct against Van Niekerk found him guilty of going against the provisions of the MFMA and the code of conduct for councillors.
But when the motion was not included in the council agenda for Thursday’s meeting, DA caucus leader Rano Kayser questioned how the motion had been cast aside.
Kayser said of the DA’s motions in the agenda, there was an important one that had been left out.
“Respectfully speaker, there’s no provision in the council rules of order nor in the Municipal Structures or Systems Act that guides us, that gives you as speaker the sole mandate to decide which motions to bring to council,” Kayser said.
“It’s the responsibility of council, therefore your decision to reject this motion is unwarranted.”
Johnson said it was not correct for the motion to be brought to council when there was a process with the MEC for co-operative governance and traditional affairs, Zolile Williams, under way.
“I haven’t even seen the motion,” Johnson said.
“You didn’t do what you were supposed to do as per the advice of the multiparty whippery.
“Normally, when we respond in writing on a motion and a councillor is not happy, they would write back or call to indicate such but councillor Steyn did not do so.”
DA councillor Gustav Rautenbach said what Williams was considering was a totally different process.
“We are talking about two processes, the ad hoc committee report and the MEC are one thing, however, the motion by councillor Steyn is another legal process and that was accepted by your office on November 15 when the motion was submitted.
“You can’t throw the motion out on the basis of a process with the MEC, that’s illegal practice.”
ANC councillor Bongani Mani said the issue of the motion was dealt with during the multiparty whippery meeting.
“I’m not sure what Gustav [Rautenbach] is trying to do because yesterday we were in a multiparty meeting together, which councillor Kayser didn’t attend.
“We could’ve dealt with this in a particular approach.
“The DA indicated that one of their motions received a written reply and another did not.
“We advised them that they should go to the speaker’s office and seek that interaction, so the DA must not come here and do this.”
ACDP councillor Lance Grootboom said if the motion was submitted timeously and deemed competent it had to go to the council.
“This is a simple matter. You [speaker] are the custodian of the rules of order, you must ask yourself was the notice submitted to your office, was it done within 10 days and if it was, it must come to council.”
Responding to Johnson, Steyn said the speaker was embarrassing her office by denying receipt of the motion.
“The administration is also embarrassing you. We’ve just had an argument where the motion was denied in front of all of us,” Steyn said.
“I personally submitted the motion on November 15, scanned and emailed it to your office and you also acknowledged receipt in The Herald the following day.
“There are several other motions you’ve rejected when you don’t have power to do so.
“If you continue in this manner we’ll have no choice but to institute legal action against you to force you to comply with your duties and you’ll be personally liable for the costs and not the ratepayers.”
GOOD councillor Lawrence Troon requested that council take a break for parties to deliberate on the matter.
HeraldLIVE
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