RAPULA MOATSHE
ActionSA’s legal fight against Tshwane Speaker Mncedi Ndzwanana’s dismissal of motions of no confidence against him is “still active” at the Gauteng High Court in Pretoria despite the party no longer seeking the position due changing political alliances.
Party national chairperson Michael Beaumont said the litigation, which was filed in July last year, is still active in court.
“We are looking at all options because the political situation in Tshwane has changed quite considerably. It is no longer our goal to be the Speaker position in the City of Tshwane. But there is a broader principle of the question of handling issues of motion of no confidence. And as I have indicated our litigation is current and there is no decision to drop that case,” he said.
The party has since formed a coalition with the EFF and the ANC, which supported Ndzwanana’s ascension to the Speaker’s office.
Asked about the scheduled court date for the case he said: “That Pretoria high court system is notoriously slow.”
He rejected suggestions that the party could drop the case to curry favour with the EFF and ANC, saying: “No, ActionSA does not practise the policy of appeasement.”
He explained that the case could become a point for discussion because “our reasons for litigating were, in part, to secure the position of Speaker as it was originally intended in our previous coalition agreement. That government no longer exists and therefore the idea of securing the position of the speaker should no longer exist with it”.
Ndzwanana’s spokesperson, Sthembiso Sithole said: “The matter is sub judice and in the hands of the Council-appointed attorneys, therefore, the Speaker is not at liberty to comment."
Ndzwanana, the sole councillor from the African Transformation Movement, made history in 2023 by being voted into office with the support of both the EFF and the ANC.
He secured the position by defeating ActionSA's councillor, Kholofelo Morodi, who was backed by the DA, IFP, FF-Plus and ACDP.
She suffered a setback after at least 69 DA votes were deemed invalid after some party councillors used numbers instead of crosses to mark their votes, leading to the disqualification of these ballots.
After the loss, ActionSA launched a bid to unseat Ndzwanana through the tabling of motions of no confidence, but they not allowed to proceed.
In July last year ActionSA said:“Our approach to the courts is premised on the reality that the multi-party coalition in Tshwane will not achieve stability with an ANC/EFF-sponsored Speaker at the helm to facilitate their unlawful power grabs.”
The party further said it did not believe the Speaker should be allowed to misuse rules to shield himself from the democratic accountability.
ANC regional leader Eugene Modise said: “The dynamics have changed. They took it to court while they were not in our coalition. Anything that we do as we progress politically, we will have to sit down. Whether they win or they don’t win, the outcome of our coalition discussions is the one that will determine the Speaker’s future.”