Today, ActionSA will submit statements taken from councillors in KwaDukuza to the Speaker of the municipality. The statements attest to an environment of fear, intimidation and violence prevailing in municipal council meetings requiring ActionSA’s motions of no confidence to be conducted by secret ballot.
This follows from the previous council meeting of 28 July 2022 where ActionSA laid criminal charges against members of the ANC and municipal officials who violently collapsed the council meeting in order to avoid the ActionSA’s motion of no confidence being dealt with.
Statements like those taken are critical in addressing the political refusal of the Speaker to rule on ActionSA’s request for a secret ballot, which to date remains unanswered. ActionSA’s legal team took these statements from councillors from a number of political parties and collected public statements issued by the DA and ANC which echo these sentiments. Together, these statements create a legally compelling case for these motions of no confidence to be heard by secret ballot that cannot be ignored.
In the 2017 Constitutional Court judgement in UDM vs Speaker of the National Assembly, it was found that a Speaker must provide for a secret ballot in an environment where public representatives cannot exercise their judgement without fear or intimidation. This ruling created a legal precedent to which all Speakers in government are compelled to abide in order to protect public representatives to exercise the accountability mechanism of a motion of no confidence from being motivated by anything other than the wishes of South Africans.
Following the collapse of coalition talks by the DA on 25 July 2022, ActionSA is convinced that a secret ballot is necessary for the motions of no confidence to succeed. If councillors are given the opportunity to vote with their conscience, ActionSA believes councillors from the DA and even some from the ANC will vote to remove the current ANC leadership in this municipality.
It must be noted that the DA’s stated reasons for the collapse of coalition talks received another dent to its credibility yesterday. In KwaDukuza the DA insisted on a provision that prohibited any councillor engaging a party, outside of the minority coalition, engaging any other party to achieve majority support for a decision. This was rejected by all political parties as being irresponsible. Despite this, it was revealed yesterday that the DA in Tshwane had held secret sessions with the ANC and EFF to secure their support for a questionable proposal.
ActionSA remains absolutely dedicated to the removal of the ANC from KwaDukuza Municipality. We will work with all political parties who share this commitment in order to achieve this outcome for the residents of this municipality.