Moments after Nelson Mandela Bay council speaker Gary van Niekerk was ordered to pay the costs of a court application challenging the validity of a no-confidence motion against mayor Retief Odendaal, some of the parties within the governing coalition were gunning for him to personally foot the bill.
The smaller parties say Van Niekerk ignored two legal opinions advising him that the motions were invalid and thus should be held personally liable for the costs.
Odendaal turned to the Gqeberha high court last week in a bid to test the validity of the motion against him, his deputy Khusta Jack and chief whip Bill Harington, which would effectively topple the ruling coalition.
He argued that the motion was not signed or seconded by specific councillors as required by council rules.
Van Niekerk backed out at the 11th hour from opposing the case.
The motion was meant to be debated at a council meeting on Monday, but Van Niekerk cancelled the meeting.
This nullified the urgency of the court application, which was postponed to Friday.
Judgment on the matter was reserved on Friday, but acting judge Olav Ronaasen ruled that the speaker’s office must fork out for the legal costs.
“The court makes the ruling that the first respondent pay the costs of the application,” Ronaasen ruled.
Four smaller parties in the 10-member coalition said they believed Van Niekerk had to personally cough up the cost for ignoring legal opinions.
GOOD councillor Lawrence Troon said Van Niekerk ignored the city’s secretariat when he was told the motion was not compliant and several legal opinions that corroborated that.
“He was warned several times but failed to listen to anyone and went as far as seeking his own legal opinion after the city manager [Noxolo Nqwazi] sought one on behalf of the city.”
DOP councillor Tukela Zumani said they were going to raise the issue of the costs with the auditor-general. .
UDM regional spokesperson Yongama Zigebe said he knew of four legal opinions that were sought and all of them stated that the motion was invalid.
FF Plus councillor Harington said costs must be directed to Van Niekerk for failing to take proper advice, at the cost of the ratepayers.
Van Niekerk referred questions to his lawyer, advocate Anele Mbenyane, who said they withdrew from opposing the matter because “there was nothing to challenge as a new motion had been filed”.
Mbenyane said his client was not cited in court papers in his personal capacity, but as the speaker of council, and therefore the municipality was liable for the costs.
Odendaal said going to court about the matter could have been avoided because council rules were clear on how to file a motion.
“This whole matter was nonsensical, it never belonged to the courts in the first place.
“It was just stubbornness and arrogance that got him [Van Niekerk] to proceed.”
He said Van Niekerk should know that he [Odendaal] always followed the rule of law and would stand his ground.
“Gary withdrawing from opposing basically means that they conceded that the motion was not compliant,” Odendaal said.
Odendaal’s head remains on the chopping block as the EFF filed a fresh motion on Thursday accompanied by a petition with 62 signatures, including those of two coalition partners, to have him ousted.
The latest petition is signed by
members of the Northern Alliance (two), EFF (eight), ANC (48), Patriotic Alliance (two), PAC (one) and AIC (1).
The petition, which is attached to a motion of no confidence, also calls for the removal of Jack, Harington and Van Niekerk.
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