It is doubtful that the council in the Dr Beyers Naudé local municipality will finish its term due to political instability — forcing an election rerun.
This is according to co-operative governance and traditional affairs MEC Xolile Nqatha after the Makhanda high court set aside the council’s 2022/2023 annual budget, along with the election of a new mayor and chief whip.
The municipality, which was fiercely contested by the ANC and DA in the November local government elections, includes the towns of Graaff-Reinet, Willowmore, Aberdeen, Jansenville, Steytlerville and Klipplaat.
Willem Säfers was elected as mayor during a council meeting on June 7, along with Thembekile Spogter as chief whip.
Both men are ANC councillors.
“I have been frank in my own views and indicated to the leadership in the municipality that I have serious doubts [the council] will be able to end this term,” Nqata said.
“We might have to go for a rerun [of the elections] and see if a different picture emerges.”
Nqata said the court order setting aside the budget had serious implications if money had already been spent.
“Part of the expenditure will be irregular, and as such this can only be reversed if the court action is appealed or set aside,” Nqata said.
He said he had instructed officials to follow up on the matter.
The DA took the municipality, Säfers and several others to court to set aside the appointments and the passing of the budget on the grounds that they transgressed the Municipal Structures Act.
The ANC has 11 seats in the 24-member council, against the DA’s 10.
The ANC is in a coalition with the Compatriots of SA (1 seat) with the president of the party, Cheslin Felix, elected as speaker in March.
The FF+ and EFF have one seat each.
DA councillor Ewald Loock was elected mayor after the November polls but was later removed with a casting vote from Felix.
After the election of a new mayor and chief whip in June, the DA argued that Felix had followed his own set of rules and used a casting vote to secure the two positions for the ANC.
DA MP and Dr Beyers Naudé constituency leader Samantha Graham-Maré said the high court order had vindicated the party.
“While the DA is pleased with the outcome of this matter, the fact remains that Felix opted to ignore the law and acted against the advice of the DA caucus to put the ANC back in the mayoral seat,” she said.
“This self-serving action has cost the ratepayers of this municipality a large amount of money which could have been better spent on service delivery,” Graham-Mare said.
She said though the party had intended to table a motion of no confidence in the mayor the budget needed to be adopted urgently.
Graham-Mare said the DA had proposed that Nqata be roped in to resolve the impasse.
“We have been struggling to get the municipality to do anything.
“The municipality is sitting without a budget.”
According to the Municipal Finance Management Act, if a council has not passed a budget by July 1 the provincial executive needs to be notified and the MEC needs to step in.
Felix said the Compatriots of SA’s national spokesperson, Marchelle Davies, would respond to questions.
ANC Sarah Baartman secretary Johannes Hobbs said it would abide by the court ruling.
“We will go back to the council and re-elect the mayor in accordance with the law.
“What else are supposed to do?”
Hobbs said the ANC caucus was set to meet to discuss a way forward.
“I would not want to divulge the strategy of the caucus in this matter.
“The caucus decided that a rerun [of the elections] was not an option at this current moment,” Hobbs said.
He said he hoped the matter would be dealt with at the next council meeting on Tuesday.
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