A legal battle is looming between the DA councillor, Brandon Topham, and council speaker Morakane Mosupye.
|||A legal battle is looming between the DA leader in the Tshwane Metro Council, Brandon Topham, and council Speaker Morakane Mosupye.
Mosupye ordered Topham out of the council chambers last Thursday after he challenged the decision to suspend him for 60 days without affording him the chance to state his case.
“I would have accepted the suspension if it was done properly,” Topham said on Thursday.
He has instructed his lawyers to write a letter to Mosupye, executive mayor Kgosientso Ramokgopa and city manager Jason Ngobeni demanding that the council’s decision on April 26 be rescinded.
The lawyers stated in the letter that the decision “to exclude a democratically elected councillor from council and committee meetings for 60 days was unlawful and without any legal validity”.
They further stated that Mosupye had refused to afford Topham an opportunity to address her on his suspension.
“It is urgent that the so-called ‘exclusion’ or ‘suspension’ of councillor Topham not be implemented to enable him to attend all meetings of the council, including, but not limited to budget information meetings in which the drafting of the annual budget for 2012/13 and the budget related policies are considered,” the lawyers stated.
Topham said instituting legal action against Mosupye “is the quickest way I can have the issue resolved”.
“This is an urgent matter which needs to be sorted out in court,” said Topham.
Mosupye had failed to follow the rules and his suspension was contrary to the Municipal Systems Act, he said.
“According to the act, the issue should have been referred to the MEC for local government who would then give me an opportunity to state my case. But this was not done. Instead I was suspended without a disciplinary hearing,” he said.
Topham said he was not worried about losing his monthly allowance as a councillor.
“This is not about money… this is about the Speaker not following the constitution and her stifling of debate. I have no choice but to go the legal route,” he said.
Topham said he could be in court next week because he did not expect a response from council.
He was kicked out of the councillor chamber in January after he had challenged a ruling by Morakane on the ward committee elections. He was kicked out again in February after challenging Mosupye’s decision not to allow a DA motion of no confidence in her.
Last week Mosupye again ordered Topham out of the council after he had challenged the decision to suspend him from all council activities. Topham labelled Mosupye ”a tyrant” and said he could not respect a government “which ignores the constitutional provisions which they profess to live by”.
“Our Speaker (Mosupye) is a tyrant and cannot be respected.
“Unfortunately, we cannot even remove her as she won’t allow the council to hear a motion of no confidence in her,” he said.
Mosupye has been given until Friday to respond to the letter.
Failure to respond could lead to Topham applying to the court on an urgent basis for a rescission of the council resolution. Also, “for an order for costs on a punitive scale as you have been fully informed of the legal position”.
Mosupye confirmed on Wednesday night that she had received the letter from Topham’s lawyers.
She declined to discuss the contents of the letter, saying the matter had been referred to the council’s legal advisers. “The council has rules and orders which govern all councillors, including councillor Topham,” she said.
Mosupye said Topham was part of the council which adopted the rules and regulations and by-laws which govern the conduct of councillors.
“He cannot undermine these rules and orders, and he cannot be allowed to cause chaos in the council,” she said.
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Pretoria News