The DA in Fetakgomo Tubatse Municipality will write to the MEC for COGHSTA, Basikopo Makamu, to investigate the total disdain for the rule of law and the Rules and orders by the Speaker, councillor Vincent Shoba.
Since June 2024, when Councillor Shoba was sworn in as the Speaker, all council meetings were held virtually. During these meetings opposition parties were muted, the public was not notified of council meetings and the 48-hour notice period for council meetings, was mostly ignored.
The latest Rules and order published on 13 September 2013 in the Provincial Gazette No 138 of 2252 does not make provision for virtual sittings and Section 29A of the Municipal Structures Act determines that the public must be given notice of every council sitting.
During these virtual sittings opposition parties were permanently muted and ignored, and while the opposition parties were effectively gagged, the prepared panel of law firms was overlooked and two new law firms were appointed without following the procurement processes.
The questionable suspension of the municipal manager occurred in the same manner.
The DA has possession of an interim court order issued on 6 February 2025 in the Regional Court at Burgersfort.
The interim order prohibits the municipality, municipal council, mayor and speaker from interfering with the municipal manager’s work and/or preventing him from performing his duties as the municipal manager; and the Speaker or any purported official or councillor are further interdicted from convening and chairing any council meeting which is not in compliance with the municipal council Rules and Orders.
Despite the court order the brazen Speaker convened and chaired a council meeting through a virtual platform on 11 February 2025, claiming that the sitting was held according to the Rules and Orders.
The notice of the council meeting was sent to council members at 11H40 notifying members that the meeting would start at 12H00 on a virtual platform, the notice had no supporting documents and was contrary to the Rules and Orders.
During this virtual meeting, opposition parties were gagged yet again.
It is alleged that the municipal manager opened a case against the speaker for being in contempt of the interim order following the council meeting.
The Fetakgomo-Tubatse council has been stripped of its functions by the Speaker who is holding due process captive through his blatant disregard for the Rules and orders.
The DA will no longer tolerate the blatant disregard for hard-fought democratic processes being disregarded.
We call on MEC Makamu to restore order in our council and to remove the speaker if he is incapable or unwilling to apply the Rules and orders; the Rules are there for a reason, to allow for fair, free and equitable discussion on any motion or proposal.