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Late on Thursday, 29 September 2022, the Speaker of Council, Cllr Colleen Makhubele, the City of Johannesburg and the Members of the Programming Committee were served with papers questioning procedure followed in calling for an Extraordinary Meeting of Council.

In our papers, which have been served on the Respondents, and filed in the High Court, we argue that the Notices convening the 9th Extra Ordinary Council Meeting of Council for 30 September 2022 at 10:00 issued by the Speaker of Council, Cllr Colleen Makhubele, be declared to be unlawful, invalid, null and void.

On behalf of the Joburg Multi-Party Government, our papers will be filed in the High Court, stating, inter alia, that:

The Programming Committee of Thursday, 29 September 2022, was inquorate, therefore its decision to call a Council meeting on 30 September 2022 be declared unlawful invalid and of no force or effect.

The Council meeting convened by notices and schedules for 30 September 2022 at 10:00 be ordered and directed not to take place.

What must be highlighted is the irregular manner and haste in which the sitting of Council was called ahead of recess, which takes effect from 1 October 2022, despite the Speaker of Council stating on 28 September that an Extraordinary Meeting would take place after the recess period.

At 13:09 on Thursday, the Speaker called for a sitting of the Programming Committee to take place at 16:00 on the same day, notwithstanding that there was no explanation for the extreme urgency for the calling of such a meeting. In my experience the calling of Programming Committee meetings at such short notice is extremely unusual – after all its function is to properly ensure that the Council meetings run smoothly with due notice and planning. 

Further to this, on 29 September 2022, at 13:25 the Speaker gave notice of an Extraordinary Meeting for 10h00 on 30 September 2022. This was less than 20-hours’ notice of that meeting.

We accept the Speaker’s right to call meetings but submit that to call a meeting of 270 Councillors of the City on less than a day’s notice, without grounds of extreme urgency and special need, is in breach of the requirement that meetings must be called within a reasonable notice period.

Rule 55 of Council requires three-days’ notice for Ordinary Meetings. Although there is no such requirement for Extraordinary Meetings, the past practice of Council for at least six-years has been to call Extraordinary Meetings on at least 3 days’ notice. Rule 6(2)(b) requires that the Speaker have cognisance of the established practice.

We submit that there is no reason why a meeting to decide on the removal of the Executive Mayor, and by extension the entire Executive of the City, cannot be called on 3-days’ notice.

Our founding affidavit has been filed on an urgent basis, due to the confusion and chaos that could be effected should the meeting proceed.

The Joburg Multi-Party Government does not believe that the Speaker is acting in the interests of the residents of Joburg and the Council.  She must therefore be challenged legally, as an appeal to sense, rationale and the law has fallen on deaf ears.

It is unfortunate that the Speaker of Council, who is charged with upholding the Rules of Council and the laws of our land, has chosen to play fast and loose with these democratic functions. We are therefore deeply concerned about her tenure as Speaker.

Approaching the court is a last resort in the interests of the residents and the rule of law. The Rules of Council and laws of the country cannot be manipulated for wicked political agendas.

Issued by

Joburg Multi-Party Government questions legality of rushed Programming Committee and Extraordinary Council sitting

Late on Thursday, 29 September 2022, the Speaker of Council, Cllr Colleen Makhubele, the City of Johannesburg and the Members of the Programming Committee were served with papers questioning procedure followed in calling for an Extraordinary Meeting of Council.

In our papers, which have been served on the Respondents, and filed in the High Court, we argue that the Notices convening the 9th Extra Ordinary Council Meeting of Council for 30 September 2022 at 10:00 issued by the Speaker of Council, Cllr Colleen Makhubele, be declared to be unlawful, invalid, null and void.

On behalf of the Joburg Multi-Party Government, our papers will be filed in the High Court, stating, inter alia, that:

The Programming Committee of Thursday, 29 September 2022, was inquorate, therefore its decision to call a Council meeting on 30 September 2022 be declared unlawful invalid and of no force or effect.

The Council meeting convened by notices and schedules for 30 September 2022 at 10:00 be ordered and directed not to take place.

What must be highlighted is the irregular manner and haste in which the sitting of Council was called ahead of recess, which takes effect from 1 October 2022, despite the Speaker of Council stating on 28 September that an Extraordinary Meeting would take place after the recess period.

At 13:09 on Thursday, the Speaker called for a sitting of the Programming Committee to take place at 16:00 on the same day, notwithstanding that there was no explanation for the extreme urgency for the calling of such a meeting. In my experience the calling of Programming Committee meetings at such short notice is extremely unusual – after all its function is to properly ensure that the Council meetings run smoothly with due notice and planning. 

Further to this, on 29 September 2022, at 13:25 the Speaker gave notice of an Extraordinary Meeting for 10h00 on 30 September 2022. This was less than 20-hours’ notice of that meeting.

We accept the Speaker’s right to call meetings but submit that to call a meeting of 270 Councillors of the City on less than a day’s notice, without grounds of extreme urgency and special need, is in breach of the requirement that meetings must be called within a reasonable notice period.

Rule 55 of Council requires three-days’ notice for Ordinary Meetings. Although there is no such requirement for Extraordinary Meetings, the past practice of Council for at least six-years has been to call Extraordinary Meetings on at least 3 days’ notice. Rule 6(2)(b) requires that the Speaker have cognisance of the established practice.

We submit that there is no reason why a meeting to decide on the removal of the Executive Mayor, and by extension the entire Executive of the City, cannot be called on 3-days’ notice.

Our founding affidavit has been filed on an urgent basis, due to the confusion and chaos that could be effected should the meeting proceed.

The Joburg Multi-Party Government does not believe that the Speaker is acting in the interests of the residents of Joburg and the Council.  She must therefore be challenged legally, as an appeal to sense, rationale and the law has fallen on deaf ears.

It is unfortunate that the Speaker of Council, who is charged with upholding the Rules of Council and the laws of our land, has chosen to play fast and loose with these democratic functions. We are therefore deeply concerned about her tenure as Speaker.

Approaching the court is a last resort in the interests of the residents and the rule of law. The Rules of Council and laws of the country cannot be manipulated for wicked political agendas.

Issued by The City of Johannesburg