Party questions April’s delegated powers
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Oudtshoorn. 12 June 2012. 08h15. The DA Chief Whip, Chris MacPherson, will today formally request the Mayor, Gordon April, to convene a Council Meeting to consider the Mnyimba appeal.
April ordered the Paulse v Oudtshooorn Municipality judgement of 1 June be Appealed.
There was no Council Resolution even to defend Paulse’s action against the appointment of the Municipal Manager, Thandekile Mnyimba, and there is no Council Resolution for the Appeal.
April is relying on delegated power to make unilateral decisions to commit Ratepayer funds on wild goose chases.
MacPherson will call for a Council review of April’s decision to appeal the judgement as the decision will definitely have financial and subsequent legal and administrative implications.
Macpherson says, “In light of our dire financial situation it is imperative that we act prudently and we believe you will take the right decision to avoid further possible fruitless expenditure.”
MacPherson relies on s59(3)b of the Systems Act: “The municipal council may require its … executive mayor to review any decision taken by such a… political office bearer … in consequence of a delegation or instruction”.
MacPherson argues that Council has not complied with s59(2)f of the same act: “A delegation or instruction… must be reviewed when a new council is elected…”
“The new council has, since its inauguration more than a year ago, not yet reviewed this system of delegations and it would therefore be highly improper and illegal to proceed with this course of action”, says Macpherson.
MacPherson is adamant that if the DA does not receive an immediate response from April, the party will request the Council to review the delegation on the grounds of s59(3)a: “The municipal council… at the request in writing of at least one quarter of the councilors, must, review any decision taken by such a political structure, political office bearer…in consequence of a delegation or instruction, and either confirm, vary or revoke the decision…”
MacPherson’s insistence is nothing if not legally and procedurally apposite.
No reasonable Mayor can possibly deny this legitimate request.
But the ANC will in all probability instruct April to ignore MacPherson because the ANC Coalition is unsure of its majority at this time – the NPP Speaker will act on instruction from his party boss… And the ANC’s Chief Whip is presently in jail.