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