Motion of no confidence against Council's top three not discussed as Speaker complies with High Court Order
The Speaker, Aldm John Stoffels this morning complied with the 28 August High Court Order of Mr Justice Rogers when he convened a Special Council Meeting at which meeting he clearly communicated his ruling in consequence of a consideration of motions of no confidence: it conflicts with Rule 30(2) of Council's Rules of Order, in that no matter shall be permitted to be discussed on any matter pending before, amongst other, a judicial body, and hence the motions could not be discussed in Council today and cannot be discussed until the outcome of the High Court hearing on 10 September 2013.
The Speaker advised Council as follows:
On 13 August 2013 I received motions of no confidence in myself as Speaker; in the Executive Mayor, Councillor Gordon April; and in the Executive Deputy Mayor, Councillor Vlancio Donson, despite the fact that the DA Coalition Councillors allege that they appointed a new Speaker, Executive Mayor and Executive Deputy Mayor during a meeting on 31 May 2013, which decisions are currently challenged and form the subject matter of impending litigation before the High Court for hearing on 10 September 2013. However, I am satisfied that these said motions complied with Rule 34(2) of Council's Rules of Order, in that it was submitted to the acting municipal manager and myself at least six days prior to this Council meeting.
Pending an urgent High Court application by the DA Coalition Councillors for the said motions to be tabled, a draft court order was agreed upon between the parties in which I as Speaker must convene this Council meeting today, being 4 September 2013, in order to consider the motions.
As Speaker, I am under a duty and obligation to perform my duties impartially, diligently, consistently, and in such a way that the integrity and credibility of Council is not compromised. Accordingly, I am not only duty bound to adhere to a court order, but should do so in the context of considering all the applicable governing legislation, where applicable.
As such, and in compliance with the aforementioned court order, and being bound by, amongst other, Council's Rules of Order, I have considered the motions and hereby rule that it conflicts with Rule 30(2) of Council's Rules of Order, in that no matter shall be permitted to be discussed on any matter pending before, amongst other, a judicial body, hence this matter cannot be discussed in Council until the outcome of the High Court hearing on 10 September 2013.
The Speaker thanked Councillors for their attendance, and having completed the business of the day, he formally closed the meeting.
Statement issued by Executive Mayor of the Greater Oudtshoorn Alderman Gordon April, September 4 2013
Click here to sign up to receive our free daily headline email newsletter
