The Joburg high court has sent a strong warning to any public who tries rigging the constitutional process in favour of political parties.
This comes after Ekurhuleni speaker Raymond Dhlamini and the Democratic Alliance (DA) went to court after city manager Imogen Mashazi illegally called a meeting for Dlamini’s removal.
Acting Judge AC Dodson said in his ruling Mashazi was acting on the unlawful instructions from a number of political parties in council and was not a “lone ranger”.
He warned city administrators and public representatives they will be personally liable for legal costs should this behaviour be repeated.
He also reminded them of their constitutional obligations.
Ironically, it is Mashazi’s responsibility as city manager to ensure compliance with the court order.
The DA’s federal chair, Helen Zille, said it was a landmark judgment that will make its impact felt in the future. “It is a crucial line in the sand for all public officials,” she said.
“They cannot become the pawns of a political party giving them instructions to act against the law. They have to remain independent and professionally implement the plans of the legitimate government of the day. It is a crucial precedent that will reverberate in future years.”
Zille called for Mashazi’s resignation.
The debacle began when Mashazi took it upon herself to call a special council meeting with speaker Dhlamini’s head in the crosshairs.
This, after an earlier council meeting was adjourned following a fracas about agendas and procedures, including a motion of no confidence in Dhlamini.