Madibeng mayor survives as court grants interdict, council collapses with DA, EFF walking out

It took an urgent court interdict and a collapsed council meeting for under-fire Madibeng mayor Douglas Maimane to hang on to the mayoral chain.

The Madibeng council was on course to vote on a motion of no confidence by AIC councillor Peter Tsheola, which was amended by the ANC before the council meeting collapsed on Wednesday.

Maimane was granted an interdict by the high court in Pretoria which prevented the speaker of the Madibeng council and other parties from proceeding with the proposed motion of no confidence against him.

Tsheola confirmed to the Sunday Times that he would be opposing Maimane in court as the mayor sought to prevent the motion from being tabled permanently.

“I can confirm that I have filed papers opposing the mayor,” Tsheola said on Wednesday evening.

Apart from the motion tabled by the AIC, Maimane was recalled by his own party, the ANC. He is contesting that decision after serving party secretary-general Fikile Mbalula with a lawyer’s letter demanding to be furnished with reasons for his recall.

The recall came after a Sunday Times article about a leaked recording in which Maimane could be heard offering opposition councillors R200,000 to campaign against the ANC.

On Wednesday, the Democratic Alliance walked out of the sitting which was about to vote on the motion of no confidence in Maimane. It was followed by the EFF and members of the mayoral committee, the Sunday Times has learnt.

As a result, the council meeting could not form a quorum and collapsed before voting could take place.

DA Madibeng caucus leader Graeme Peplar said they walked out because they did not want to be part of what was an illegal process.

Peplar said they were aware that Maimane had gone to court against the motion, which automatically meant the council could not go ahead with it.

“The DA walked out because we said to the speaker there would be a contempt of court case against her if she continued with this item [motion of no confidence in Maimane],” Peplar said.

We did not stage a walkout to save Maimane, we were not involved in any of the court cases or proceedings.

—  DA Madibeng caucus leader Graeme Peplar

He said the rules of order of council were very clear that while there was a pending legal matter, the council should not take any decision on the matter.

“The speaker was aware of [Maimane’s interdict], it was delivered in her office, I saw that personally,” Peplar said.

He said the sheriff of the court delivered the interdict to the speaker’s office while council was under way.

“We did not stage a walkout to save Maimane, we were not involved in any of the court cases or proceedings,” Peplar said.

He said that one of their councillors was also an attorney who was aware of what was unfolding in court.

“One of our councillors knows the attorney of the mayor. We got information from him about what they were busy with, so we had to make sure we are not out of order,” Peplar said.

The Sunday Times spoke to four councillors who were at the meeting, who said the motion had already been debated when the DA walked out, followed by the EFF led by its councillor Stanley Komape.

Komape said EFF councillors left the council meeting as they had prior organisational responsibilities to attend not to save Maimane.

He said they were also not interested in helping the ANC clean up its “mess” by assisting to push through the motion of no confidence against the mayor.

“The ANC is not an honest organisation… they made pronouncements nationally and provincially that they are redeploying their own people, why are they not doing it?” asked Komape,

He said the EFF was not going to allow being “dragged” into ANC politics.

“The ANC wants us to help them fight their internal battles. We are not going to help the ANC because they are in a crisis,” he said.

Maimane’s lawyers said on Wednesday they were taking steps “to institute criminal charges of contempt of court against the speaker and any councillors who acted in violation of the court order”.

Save SA councillor Sydney Monnakgotla said what transpired in council exposed the ANC’s weaknesses

“This is a sign that the ANC is dead, they can’t hold their elected representatives accountable,” Monnakgotla said.

“He said Maimane has exposed the ANC by refusing to step down even when Luthuli House and its secretary-general told the nation that Maimane has been recalled, but he is still the mayor,” Monnakgotla said.

He said “even the walk out of the MMCs” was discussed in council yesterday.

“This unfortunately demoralises the residents of Madibeng, even the employees of the municipality,” Monnakgotla said.

Maimane still faces another motion of no confidence from his own party, the ANC, which wants him out of office.

• The article was updated to incorporate a comment from the EFF.