WALLIS AJ levels of government in this country would behave in such a fashion in Tlokwe. Councillors are elected to undertake the work of the council on behalf of the whole citizenry. Sometimes the tides of politics will place one party in the majority and sometimes another. But it remains the duty of all councillors to facilitate and not obstruct the workings of the council. For councillors to continue to draw their salaries, while refusing to attend meetings and seeking thereby to stultify the working of a council would be a breach of their obligations as councillors. It is a breach of the Code of Conduct that binds all councillors and obliges them to attend all meetings of the council and of committees of which they are members.89 But the possibility that a political party would behave in that way in response to an order by this Court cannot be a reason for this Court not to make an order that it regards as just and equitable. The MEC’s suggestion that the operation of the order should be suspended, to enable councillors elected in by-elections that were not free and fair to retain their seats pending fresh by-elections, would undermine the principle on which this judgment is based. [123] It is encouraging that the Speaker, herself a member of the ANC, ascribes the problems at the end of 2012 and 2013 to “in-fighting amongst the ANC Councillors”.. It indicates that wiser heads now prevail. She says that the municipality is now functioning successfully. I assume that the progress made in the interim would not be thrown overboard for short term political purposes. Her suggestion that “Council meetings will not sit . . . and thereby resulting in no resolution being taken” ascribes to her colleagues an approach that is contrary to their statutory duties and irresponsible. This cannot be a legitimate reason for refusing to make the just and equitable order that we are required to make. The Speaker, of course, cannot lawfully be a party to such conduct or take any steps to prevent the lawful meetings of the council from taking place, as it is her duty to convene and chair those meetings. 89 Code of Conduct for Councillors, items 3 and 4 contained in Schedule 1 to the Local Government: Municipal Systems Act 32 of 2000. 62

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