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The respondents within the municipality have now filed their respective affidavits in the applications brought by the Democratic Alliance and Solidarity relating to recent decisions of the Municipal Council concerning the Municipal Manager and, in the Democratic Alliance application, certain decisions relating to the Chief Financial Officer (CFO).
It is important to understand that these applications cite several respondents who each performed different roles during the process. These include the Municipal Council, the Speaker, the Executive Mayor and the Acting City Manager. Each respondent is required to answer the allegations that relate to their own role, powers and responsibilities, and is entitled to place their position before the Court independently.
Both applications challenge the lawfulness of decisions taken by the Municipal Council. In the Democratic Alliance application, this includes Council's decisions relating to both the Municipal Manager and the CFO. A significant part of both matters concerns the Council proceedings, including the vote through which those resolutions were adopted.
Throughout this process, I have respected the resolutions adopted by the Municipal Council and taken the steps required of me to carry out those decisions. However, as Executive Mayor, I neither presided over the Council meeting nor was I responsible for the voting process or the resolutions adopted by Council. Those responsibilities rest with the Speaker, and the allegations relating to those matters are addressed in his response to the Court.
The applications also raise allegations concerning aspects of the statutory process before the matters came before Council. I want to assure residents that I have, at all times, acted in good faith and in accordance with the powers and responsibilities assigned to the Executive Mayor under the Local Government: Disciplinary Regulations for Senior Managers. I oppose the allegations concerning the role I played and the manner in which I exercised those responsibilities.
The applications for interim relief are expected to be heard on 28 July 2026, while the substantive issues will only be determined by the Court at a later stage.
My affidavits filed earlier this week in relation to the interim applications explain my statutory role and responsibilities in respect of the matters currently before the Court. My detailed response to the substantive allegations contained in the applications will be submitted to the Court at the appropriate stage of the proceedings.
I recognise that the Court may ultimately determine that the validity of the Council proceedings and the resolutions adopted by Council are central to the outcome of these applications. Those are matters that fall outside my responsibilities as Executive Mayor, and I will respect the Court's determination on those issues.
As these matters are now before the Court, it would be inappropriate for me to comment further on the litigation.
While these legal proceedings take their course, my focus remains where it has always been: delivering services, restoring good governance and honouring the commitments I made to the residents of Tshwane.
Issued by executive Mayor of Tshwane Dr Nasiphi Moya
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