An attempt by the African National Congress (ANC) in Johannesburg to unseat Mayor Herman Mashaba failed on Tuesday night when their application was struck off from the court roll.
The party had filed an urgent application to have a motion of confidence against Mashaba and Johannesburg council speaker, Vasco da Gama, due to no confidence in their recent conduct
But the South Gauteng High Court, on Tuesday night, struck off the application from the court roll due to lack of urgency. In addition, Acting Judge Sydwell Shangisa ordered the African National Congress (ANC) to pay Mayor Herman Mashaba and da Gama’s the legal costs.
Arguing on behalf of the ANC before Sydwell handed down judgement, Advocate William Mukhari, claimed that the Mayor and the speaker have been performing well, especially in delivering basic service to the people. For this reason, Mukhari asked the court to treat the motion of no confidence against Mashaba and da Gama like that of President Jacob Zuma.
Speaking for ANC, Advocate Dali Mpofu, maintained the ANC’s application was not urgent and the urgency was self-created. He described it as an abuse of court process and condemned it outright.
Prior to this DA minor court victory, the ANC had wanted the court to order Da Gama to institute a motion of no confidence against himself and Mashaba and to also rule that the vote should be conducted by secret ballot.
This was after the Johannesburg council programming committee refused to grant the ANC a vote by secret ballot early this month. Speaking after the court victory, a member of the Democratic Alliance (DA), Tony-Taverna Turisan, asserted that the ANC can still table the motion but this time, not by a secret ballot.
Should the ANC wish to table the motion of no confidence again, they can do so within the prescribed timeframe and that will be heard in November.” “It’s also evident that there’s no provision for a secret ballot in the City of Johannesburg,” Tony-Taverna Turisan said.
Meanwhile, the ANC says it will now approach the Constitutional Court so as to have the motion of no confidence vote against Johannesburg Mayor Herman Mashaba and Speaker Vasco Da Gama tabled. It plans to file an application on the motion on an urgent basis.