Transcript: 34th Extra-Ordinary Council Meeting

Opening, welcome and moment of silence

00:00:00section 79 committees, fellow councillors, Secretary to Council, Mr Andile Gobinca, officials of the City of Johannesburg, residents of the City of Johannesburg, members of the media, ladies and gentlemen, I welcome you all to the 34th extraordinary council meeting of the City of Johannesburg Municipality.

00:00:27I hope you are able to spend time with your families during recess and hope that you are energised to recommence with the work of council. During recess, we lost one of our councillors, Councillor Ian Mzoxolo Nonkumbi, who was the Chairperson of the Public Safety Committee. Can we please stand and observe a moment of silence in his memory?

00:01:10You may be seated.

00:01:17May his soul rest peacefully. In addition, we extend our heartfelt condolences to the families of the musicians, Winnie Khumalo and Victor Doc Shebeleza, as well as the family of Olga Meshoe Washington, the daughter of the president of the ACDP, Rev Dr Kenneth Meshoe. May their souls also rest in peace and may their families find comfort

Quorum verification

00:01:47and strength during this difficult time. At this point, I will allow 10 minutes for legal to verify the number of councillors present so as to confirm quorum. When I look at my phone, it's 10:03. We'll come back at 10:13.

00:02:13Okay. It's one?

00:02:1672.

00:02:17Councillors, we already form quorum. Legal is informing me that it's 172 councillors present. So we can continue with business of the day. That's good news. We're starting off on the right footing.

Applications for leave of absence

00:02:32Councillors, we proceed with the second item which is application for leave of absence.

00:02:41We have received an apology for early departure from Councillor Paul Smit, if we are not done by 4:00 due to religious observation, but I'm sure we'll be done by 4:00. It's only one item. Councillor Matthew Cook will arrive late, and I'll start taking leave of absence from the floor. I'll start with Councillor Harris.

00:03:10Good morning, Madam Speaker. Thank you so much. Please excuse Councillor Mkhonza. He's away on party business. Thank you.

00:03:18Noted. Thank you, Councillor. Councillor Avant-Smith?

00:03:25Thank you very much, Speaker. Morning, colleagues. We have Councillor Chabalala on leave, Councillor Dewes on leave, Councillor Fourie-Shawe on maternity leave, Councillor Mohamed is writing exams, Councillor Rahn is on leave, Councillor Mnisi is on leave, Councillor Papo is on leave, Councillor Matabane is on leave, Councillor Mphefo is on leave, and Councillor Amod is, has ill health, and Councillor Hoon will leave at 11:30.

00:03:57And if we're not done by 12:00, 12:30, if our Muslim councillors can please leave to pray. Thank you.

00:04:06Noted, Councillor. Councillor Dammie?

00:04:25Okay. Sorry. Good morning, Speaker. Good morning, Councillors. Councillor SB Molefe, ill health. Councillor Dlamini, personal problem. Councillor Marumo, personal problem. Councillor Bolani, personal problems. Thank you.

00:04:51Noted. Thank you, Councillor Dammie. Councillor Mogapi?

00:05:00Thank you, Speaker. Greetings everyone. From the EFF, it's MMC Makhafola, maternity leave. Councillor Seerane, private business. Councillor Molala, running late. Councillor Telekoa, also running late. Thank you.

00:05:17Noted, Councillor. Councillor De Lange?

00:05:22Thank you, Madam Speaker. Madam Speaker, just on a lighter note, did I hear Councillor Avant-Smith saying Councillor Dewes is on maternity leave?

00:05:37Councillor De Lange, I almost said something that was going to be so out of order. Councillor Mashala?

00:05:46Thank you, Madam Speaker. Compliments of the new season to all councillors. We've got late arrival by Councillor Wissler and Councillor Mchunu, maternity leave. Thank you.

00:05:59Noted, Councillor. Are there any further apologies? Round two, Councillor Dammie?

00:06:14Thank you, Speaker. Apology. The following councillors will arrive late. Councillor Lucas Lefutso, Councillor Simelane, Councillor Lefa, Councillor Gift Mathe, Councillor Mhlari, Councillor Tumelo, Councillor Thulani Buthelezi, Councillor Dineo will arrive late. Thank you.

00:06:40Noted, Councillor. Councillor Simonse?

00:06:44Good morning, Madam Speaker. Good morning to the house. Compliments to each and everyone. Madam Speaker, Councillor Twala and Councillor Ponsonby is out on personal business today, and the PA caucus is just running 5 minutes late. Oh, apologies, and MMC Kunene needs to leave at 11:30.

00:07:07Noted, Councillor. Can we approve the apologies as submitted?

00:07:17Thank you.

Executive Mayor's New Year address

00:07:20Councillors, we proceed with item three, and those are recommendations to Council.

00:07:28Executive Mayor?

00:07:34Thanks, Speaker of Council. Greetings to the Chief Whip of Council, the Chair of Chairs, and all councillors in the chamber, and leaders of all caucuses. Perhaps let me begin by saying that we stand here today

00:08:03believing that the opening of a new year is the occasion for the exchange of greetings, and I would like to say from the centre of the city at this progressive chamber, Connie Bapela Chamber, we send our sincere greetings and best wishes to you all and to your individual families. And I believe through you, we greet all our residents,

00:08:35fellow workers, and all the people of Johannesburg. Let me also take this opportunity once more to welcome all the councillors back. Back to the work of serving the people of Johannesburg, serving the residents of Johannesburg, and responding to their cries and queries, and for us to continue to demonstrate our commitment towards

00:09:05tackling the crisis and challenges that we are faced with in our city. The city is faced with major challenges in relation to infrastructure refurbishment. We continue to stand firm in our commitment to resolve challenges related to infrastructure refurbishment. We are doing this to ensure that future generations of Johannesburg

00:09:36are not affected by the challenges that we are facing today. We are making commitments to invest, making commitments to raise capital, so as to ensure that this matter can be resolved once and for all. We are also of the view that we need to stand firm to deal with illegal land invasion, which continue to affect our city and our planning, and it undermines our ability

00:10:08to provide services to the residents of Johannesburg. It is therefore time, Madam Speaker, that we focus on these particular issues. With that being said, I would like to welcome all of you to 2025. Thank you.

Caucus break request on acting City Manager item

00:10:36Councillors, on the recommendations to council, we're dealing with one item, which is the appointment of an acting city manager.

00:10:48I'd like to call the first councillor from the Democratic Alliance, Councillor Christians. Councillor Christians, before you start with your speech, Councillor Lebatlang?

00:11:12Thank you, Speaker. Speaker, before we get into the actual item, let me first greet the first citizen of the City of Johannesburg, the Executive Mayor, and also in the absence of a city manager in this beautiful City of Johannesburg,

00:11:45let me also greet all the councillors in the house. Speaker, as ActionSA, we will plead with you that before we deal with this particular item, that we request a 30 minutes caucus break, so that we are able to deal with the contents and the issues regarding this particular report. Thank you very much.

00:12:19Noted, Councillor Lebatlang. Before I respond, Councillor Boer?

00:12:25Madam Speaker, through you, with all respect, can't we start this new year without unnecessary caucus breaks? We had the information long beforehand. There's no news to discuss. Thank you.

00:12:45Noted, Councillor Boer,

00:12:48but remember also, when you look at our rules, it is allowed. But because we have only one item, councillors, I'm going to ask that all caucuses can use this 30 minutes to discuss and deliberate, so that no other caucus can ask for another caucus break. We'll come back at 10:45. Councillor Christians?

00:13:14Thank you, Madam Speaker. Madam Speaker, the precedent you're setting now is very dangerous because during the speech...

00:13:21Councillor Christians, I've already made my decision. So if you want to dispute...

00:13:25Madam Speaker, can you please record the Democratic Alliance objection to what you're saying, and we will send it to the Rules Committee to deal with your ruling.

00:13:33That's okay. That's okay. You are disputing the speaker allowing a caucus break. Thank you very much. Councillors, we'll come back at 10:45.

00:38:03Mic check, mic check.

Resumption after caucus break

00:49:57Councillors, can you settle down? Councillor Lebatlang,

00:50:11MMC Mabaso, Councillor Moloko, and Lebatlang, who asked for the caucus break, please let's settle down so we can continue with business of the day.

00:50:26Councillor Lebatlang, you can give us feedback.

00:50:35SesothoHe banna!

00:50:36No, thank you very much, Speaker. As ActionSA, we have deliberated. Thank you for the time. Thanks.

00:50:49Uh, councillors, we resume on item three, which is recommendations to Council. Sorry, that's the first item under recommendations to Council, which is the appointment of an acting City Manager.

Debate: DA and ACDP on acting City Manager

00:51:03Before I start calling the first speaker, caucus leaders, please ensure all your caucus members have signed our register. I'll start with Democratic Alliance, Councillor Christians.

00:51:31Good morning,

00:51:33Afrikaansgoeiemôre,

00:51:34isiZulusanibonani nonke,

00:51:35aras-salamu alaykum wa rahmatullahi wa barakatuh,

00:51:38heshalom.

00:51:39I'd like, uh, to wish everybody all the best for 2025, and thank you for the opportunity to be the first speaker in this, uh, 2025 sitting of the City of Johannesburg. It, it gives me great pleasure to be the first speaker because when, when we concluded last year, the MMC who will be responding to this debate was very

00:52:04up and joyous at the fact that the executive is following the right procedures, and, and there's no need to go to, to, uh, to court. But unfortunately, when you look at this report today, it is, the reason we are here is because the Democratic Alliance had to go to court because the people sitting on the other side would not listen to us about following the correct processes and procedures in this House. It is unfortunate that the Speaker chose to be at an event rather than at the special programming committee meeting when we sought to have answers as to whether, once again, proper processes were followed in ensuring that this item coming to us was, was dealt with. I'm glad that, uh, legal is taking note of what we need to do because they clearly state here that Section 54A of the Municipal Systems Act states a municipal manager, the municipal council must appoint

00:53:06a municipal manager in 1A, and in 1B, an acting municipal manager. Municipal council. Not the executive, not the Speaker, but this House is the, is the body that needs to appoint an acting municipal manager. So when we then move on, it's clearly stated here that the clauses that we have before us in terms of the...

00:53:34Councillor Christians, please hold on. Councillor Mosehla.

00:53:39Thanks, Chair. Maybe I'm lost. Um, on which item are we now with Councillor, um, Rule 72 trying to deliberate on a matter that we've not started?

00:53:55Councillor Mosehla.

00:53:57SetswanaMo tlhoele a bue.

00:54:00Councillor Christians, you are left with 59 seconds. Please continue.

00:54:05Thank you. Thank you, uh, Madam Speaker. Madam Speaker, the report goes on in terms of 5.3, and I know Councillor Masuku is going to jump on this because she knows that I have the delegated authority, uh, to deal with it, which is clear in terms of this, but it does not quote the clause of which gives that delegated authority and what delegated authority it is to do it. So when we go to the recommendations, the Democratic Alliance will be asking to amend this report because we are, once again, failing to follow proper procedures and processes in this Council, and my leader, who will be speaking after me, will tell you exactly what those amendments are. Because ultimately, the Democratic Alliance is tired of wasting taxpayers' money by having you go to court and lose to us. I thank you.

00:54:59Thank you, Councillor. ACDP, Councillor Harris.

00:55:07Good morning once again, Madam Speaker. Uh, the Executive Mayor, MMCs, fellow councillors, uh, I greet you and compliments for 2015, uh, 2025. Uh, on a personal note, just let me say that, uh, I extend to the ANC caucus my sincerest condolences on the passing of, uh, Councillor Ian Nonkumbi. I think that

00:55:35councillor epitomized passion and commitment. Uh, what an example he set. The ACDP places on record its displeasure at the manner in which the courts are used to manufacture instability in the city. We note the conniving that caused the former City Manager, Floyd Brink, unnecessary suffering, and we extend our best wishes to him. Secondly, I do not see the point of this meeting considering the media has already announced Mr. Makola's appointment on the 8th of January. The undermining of this Council through premature announcements of foregone conclusions must be noted. The appointment of Mr. Makola as the acting City Manager is welcome, though. The assignment should provide stability to the critical administrative arm of the city. Just a few words of advice, though. Do not be sucked into the parallel universe operating in the city where some are allegedclaim

00:56:37to control the projects and funding of the city. Avoid the pressure to politicize the City Manager's office, to operate in silos, and to participate in turf wars. Hold the people accountable who are abusing the fiscus by allocating projects to questionable companies and allowing contractors to abandon sites with millions of rand and unfinished work. Put into place measures to stem the tide of the ineffective use of public funds. Encourage every employee to provide nothing less than high productivity and excellent service delivery. Create a climate of heightened civic consciousness so that the perception and image of the city can be improved from a grassroots level. Proverbs 3:5-6 says, "Trust in the Lord with all your heart and lean not on your own understanding. In all your ways acknowledge Him, and He shall direct your paths." In noting this reportclaim

00:57:35and its recommendations, the ACDP wishes Mr. Makola strength and courage in accepting this critical appointment. May this tenure be blessed and free of scandal, and if you are competing for the permanent post, we wish you only the best. Thank you.claim

Debate: FF+, UDM on acting City Manager

00:57:53Thank you, Councillor Harris. Freedom Front Plus, Councillor Boer.

00:58:00Good morning, Madam Speaker and all fellow councillors. Um, I couldn't help to have a smile on my face when I read, uh, point one of this item, where it says that the Government of Local Unity has identified 11 strategic priorities. The applicable priority to this report is good governance. And I couldn't help to laugh about this because I read back in the minutes of the meetings of 22nd and 23rd of February, uh, 2023,claim

00:58:30when we had a debate of appointing our previous City Manager, Floyd Brink, as the City Manager. Um, and the Freedom Front was one of only two parties in this Council that did not support the appointment of Mr. Floyd Brink. And the Freedom Front did not do this because we didn't like him, because the procedures that were followed were wrong. And this Council was warned about the procedure mistakes in the appointment of Mr. Floyd Brink, but we chose to ignore that and appointed him in the name of justice. We were allclaim

00:59:03Afrikaansstert in die lug, soos die Afrikaners sal sê,claim

00:59:06uh, justice has been done, but justice has not been done. We're sitting here today in a meeting wasting our residents' money. We have been wasting money on legal cases to defend the City Manager appointment, and now we are back, uh, to say we are back for good governance. Um, sorry about this. Um, and I honestly believe that going forward that we follow the rules of good governance, that we follow the rules of court. We are not above court, we are not above law, we have to follow the correct procedure. The Freedom Front supports the appointment of Tshepo Makola as the acting, uh, City Manager, and we wish him well, and we hope that he will make a success out of this. But to close off, we did justice, so-called, in 2023. We did not do justice. Our previous City Manager is now without a job because

01:00:00because they choose to follow the wrong path, and we hope they have learned a lesson of this. Thank you, Madam Speaker.

01:00:10Thank you, Councillor Boer. UDM, Councillor Zigebe.

01:00:17Thank you, Honourable Speaker, the Executive Mayor, Chief Whip, Chair of Chairs, members of this council and esteemed guests. Today we find ourselves at a crossroads in the governance of Johannesburg. The recent High Court ruling on the invalid appointment of the municipal manager thrusts us into a position where decisive and lawful action is not just a necessity, but an obligation. This is a moment that demands unity, vision and a commitment to prioritize the needs of the residents we serve.

01:00:46The United Democratic Movement and minority governing parties, we approach this matter with a sense of responsibility, not from the vantage point of the opposition, but from the ethos of collaborative governance and accountability. Honourable Speaker, we cannot overlook a growing trend that seeks to elevate legal battles over collaborative problem solving. While the courts are an essential pillar of democracy, they must not become a substitute for effective leadership.

01:01:15Governance must be driven by constructive dialogue, collective decision making, and shared accountability, not the pursuit of power through legal technicalities. How can we fulfill our mandate to the people if we allow ourselves to be paralyzed by constant disputes and court interventions? Speaker, the appointment of an acting city manager is not merely a technical decision. It is a step towards stability, signaling that this council is capable of functioning as a cohesive unit even amidst challenges.

01:01:45Mr. Tshepo Makola's appointment as an acting city manager is a pragmatic and lawful response to an unprecedented situation. His qualifications and experience position him to maintain continuity in municipal operations during this transitional period. However, we must not lose sight of the temporary nature of this appointment. It is not a destination, but a bridge to a more permanent and sustainable solution. The responsibility lies with this council to ensure that the recruitment of a permanent city manager is conducted transparently, inclusively, and with Joburg's long-term interest at heart.

01:02:23Honourable Speaker, the real challenge ahead is not in ratifying an acting appointment, but in how we approach the permanent filling of this critical role. The process must be open, merit-based, and devoid of partisan. As leaders, we must work together to ensure that the recruitment process reaches the widest possible pool of qualified candidates, including people living with disabilities, emphasizing integrity, competence, and a vision for the city's development.

01:02:51This is not just an administrative function, it is an opportunity to restore public confidence in our ability to govern effectively.

01:02:5920 seconds remaining.

01:03:00Let us ask ourselves,

01:03:01isiXhosahayi mani Speaker ndingu Chairperson ngowundinika i-3 minutes.

01:03:10isiZuluUsasele nge-20 seconds, Councillor.

01:03:13Thank you, Councillor Zigebe.

Debate: DA caucus leader on legal concerns

01:03:14Thank you, Speaker.

01:03:20DA, Councillor Echeozonjoku.

01:03:27Thank you, Madam Speaker. Madam Speaker, Executive Mayor, councillors, residents of Johannesburg, compliments of the new year. We would like to convey our sincere condolences to the ANC caucus on the death of the late Councillor Nonkumbi. May his soul rest in peace. Today we stand at a significant juncture, Madam Speaker, in our city's governance as we address the appointmentclaim

01:03:56of our acting city manager. This decision follows the recent court ruling which declared the appointment of Mr. Floyd Brink to be unconstitutional and invalid. It also granted a cost order in favor of the Democratic Alliance. Madam Speaker, let me briefly recap what brought us here. The Democratic Alliance warned this council on numerous occasions that the decisions

01:04:25were unlawful. The court ruling agreeing with the Democratic Alliance underscores the importance of adhering to principles of our Constitution and the processes governed by our Municipal Systems Act. It serves as a reminder that accountability, transparency, and legality are paramount in our decision-making as public representatives in a constitutional democracy. It is unfortunate, Madam Speaker,

01:04:55that residents of the city must now pay for the city opposing an unlawful, unconstitutional, and invalid decision taken by this ANC-led coalition. Madam Speaker, whilst we recognize Mr. Makola's qualifications, experience, and the fact that he is the city's current COO, he steps into a role with a responsibility of leading our city during this transitional period and ensuring that operations

01:05:25run smoothly. We hope that he will run the city with transparency and be accessible to all councillors irrespective of political party during this acting period. It is therefore, Madam Speaker, the DA would like to draw council's attention to Section 54A of the Municipal Systems Act as noted in the report, which clearly states that only council has the authority to appoint a city manager

01:05:54or an acting city manager. The Systems Act requires that an appointment of a city manager or acting city manager must be made by council before it takes effect. In this case, Madam Speaker, it means that the appointment of Mr. Makola as acting city manager can only take effect from the date it is approved by council, not prior. Madam Speaker, as you know,

01:06:24the Democratic Alliance is the party of constitutionalism and the rule of law. Court precedence has already been set in the case of Democratic Alliance versus Kouga Municipality and others. The judgment underscores that the authority to appoint a municipal city manager, including an acting city manager, rests solely with the municipal council as quoted in Section 54A of the Municipal Systems Act.

01:06:54Madam Speaker, we also have serious concerns with the fact that the report brought to council is for noting. We find this particularly strange given the fact that the power to appoint a city manager or an acting city manager is the exclusive responsibility of the municipal council, not just for noting. The fact that none of the recommendations mention requesting council

01:07:24to start recruitment process for a new city manager is another serious concern for us. In conclusion, Madam Speaker, we would like to thank Mr. Makola for accepting this position. The DA would like to urge council to consider our contributions and to amend the recommendations in this report so as to ensure full compliance with the law as it stands before we vote

01:07:54or adopt this report. We really want to ensure that we are not sitting on the wrong side of the law, so we asking this to avoid being

01:08:0230 seconds remaining.

01:08:03on the wrong side of the law again. Thank you so much, Madam Speaker.

Debate: ATM and ActionSA

01:08:11Thank you, Councillor. ATM, Councillor Magwentshu.

01:08:17Greetings, Speaker, Executive Mayor, Chief Whip, Chair of Chairs, councillors, administrators, and the residents of Johannesburg.

01:08:26isiXhosaNdininqwenelela unyaka omtsha oyokozela ngamathamsanqa.

01:08:30ATM welcomes the appointment of Mr. Tshepo Makola as acting city manager. The African Transformation Movement is pleased with the decision of the Executive Mayor, Councillor Dada Morero, to appoint Mr. Tshepo Makola as acting city manager. Mr. Makola is an experienced administrator who has served the city in various senior capacities, including Chief Operations Officer, a substantive position he is currently holding.claim

01:08:56We have no doubt that he will hit the ground running to close any gap created in the city manager's office. We are of the view as the ATM that this indeed will temporarily close the vacuum created by the former city manager when he vacated this critical position, which is central to service delivery and overall running of the city. We call on the Executive Mayor to move with similar speed and urgency towards ensuring a permanent appointment of a city manager.

01:09:24The city cannot manage to keep this critical and integral position on an acting capacity. We call on the Executive Mayor to appoint a city manager within the next two months. This will lead to confidence in the administrative affairs of the city. There can be no delay in the delivery of services to the residents of Johannesburg. Stability in the office of city manager will lead to sustained delivery of services to the public.

01:09:50The promises made through the State of the City Address and also budget speech depend on the smooth administration of the city in which city manager is central. The current political term of office since 2021 has been characterized by never-ending political bickering and court cases, which has a potential to divert attention from what matters the most, delivery of services and improvement of people's lives in the process. Mr. Executive Mayor,claim

01:10:20as the ATM, we trust that our plea will not fall on deaf ears. We therefore support this appointment of Mr. Tshepo Makola. Thank you, Speaker.

01:10:33Thank you, Councillor. ActionSA, Councillor Lebatlang.

01:10:44Thank you very much, Speaker. Let me also greet all the councillors in the house. Speaker, firstly let us put our position clear as ActionSA. Number one, we want a city that is going to function and be stabilized so that we can ensure that services are being delivered to the residents of Johannesburg. We also note the importance of such a critical position such as

01:11:14a city manager of such a big city. But Speaker, we also don't want to find ourselves becoming legal experts, especially in terms of interpretation of the law or the various acts that governs this particular municipality. Firstly, Speaker, is that our position is clear that in this particular report,

01:11:44we truly believe that if we could canvass and position the issue of the importance of starting the recruitment process of a permanent city manager, should be a direction that is going to take place and makes us sure that residents, and in fact the judgment itself, is fully being implemented. That is firstly our first position. Secondly, Speaker, we can go around

01:12:14and debate about the delegations of the Executive Mayor in terms of appointment or ratification when it comes to the acting arrangement of appointing an acting city manager. We don't want to get into that particular debate, but we need to ensure that whatever decisions that we take in this particular council are decisions that are allowed and aligned to the rule of law.

01:12:44Lastly, Speaker, is that as we have said, and when you look at the recommendations, especially recommendation two and recommendation three, it basically speaks about the same issues, but there is just the issue of interpretation. That's why we are saying as ActionSA, let us remove recommendation number three

01:13:12because we might find ourselves in a legal challenge when it comes to this particular report. Therefore, Speaker, as I submit, we would urge this council and the executive to look at amendments when it comes to the recommendation of this report, especially starting the recruitment process of a permanent city manager, making sure that the legal interpretation

01:13:42on recommendation two and three are not going to find ourselves in a legal battle. So therefore, Chair and Speaker, we want to say that we cannot support this report as it is. Thank you very much.

Debate: EFF and point of order from DA

01:14:02Thank you, Councillor. EFF, Councillor Raseruthe.

01:14:10Thank you very much, Speaker, and greetings to all my colleagues and members of the public in the gallery. Speaker, as the Economic Freedom Fighters, we are here to work for the people of Johannesburg and do whatever is going to be necessary for the city to run in order for our people to get service, we are going to support. We stand here before you, Speaker,

01:14:43to support this appointment of Mr. Makola as our acting CM. We always support, hence we once supported the Democratic Alliance to run this city. During that period, we thought service delivery

01:15:13was their priority, only to find out that they are on the other side of the fence. We are trying to get this city together so that it can run for our people to receive service, but we already get to be stopped by the Democratic Alliance. How can you start the process? They started the process. They formulated the panel

01:15:43to appoint the city manager. At the end of the day, the very same city manager who was scored by the DA

01:15:52Councillor Raseruthe, Councillor Raseruthe, I see DA's caucus leader's hand is raised. Councillor Echeozonjoku?

01:16:00Thank you so much, Madam Speaker. Madam Speaker, can I please through you ask that Councillor Raseruthe don't mislead the house. He must not mislead the house. There's a court order and that's why we are here.

01:16:12Councillor Echeozonjoku, please. We all want to be done with this item so we can go, and it's his speech. So, Councillor Raseruthe, you can continue with your speech.emotive

01:16:27Thank you very much, Speaker. Hopefully, I will not be taken to court because we are running this council through courts. But Speaker, but Councillor, you took that podium and I respected you. What are you doing now?emotive

01:16:45Councillor Belinda, Councillor Raseruthe, through me, please, through me.emotive

01:16:55Thank you very much. Through you, Speaker, can we then be respected in this council? As much as we respect other councillors, she took that podium there and I didn't say a single word against her. It doesn't mean that I was in agreement with what she was saying there, but I respected her. Now it's about time she respect us, but I know it hurtsemotive

01:17:24to tell the truth. Hopefully, the qualifications of the former city manager, they are still the same so that he can come back and run this city. Thank you very much.emotive

Debate: ANC

01:17:44Thank you, Councillor Raseruthe. ANC, Councillor Raphadu.

01:17:56Thank you, Madam Speaker. Let me greet the beautiful comrades and councillors from the glorious movement, the African National Congress. Let me greet other fellow councillors. Madam Speaker, as I speak on this item, I'm reminded of my daughter's favorite fairy tale, the timeless tale of Cinderella.

01:18:26This fairy tale is a powerful story of hope, resilience, and the struggle against oppression. Despite suffering hardship, torment, and harassment at the hands of her stepmother and sisters, Cinderella never lost hope. Her story teaches us that even in the face of overwhelming adversity, we can overcome and achieve our dreams. Madam Speaker,emotive

01:18:56the lessons we draw from Cinderella's story is clear. No matter the obstacles, we can triumph. The DA's hatred for Floyd Brink is reminiscent of the cruelty and injustice inflicted upon Cinderella by her stepmother and sisters. Comrades, let us draw inspiration from Cinderella's courage and perseverance.emotive

01:19:24Councillor Raphadu, I see the councillor from DA.emotive

01:19:28isiZuluNamazaza.emotive

01:19:32Thank you, Madam Speaker. Sorry. My point of order is the councillor cannot make insinuations about the DA the way he has. He must please withdraw that statement.emotive

01:19:45Councillor, it's his speech. Councillor Raphadu, please continue. DA caucus, if you don't want to go home, we can continue like this. It's his speech. Everyone was quiet when your caucus leader was also on the podium, so let's give them the same respect.

01:20:06Thank you, Madam Speaker.emotive

01:20:10DA councillors!

01:20:13isiZuluYeyi bethuna.

01:20:15As I was saying, Madam Speaker, the lessons we draw from Cinderella's story is clear. No matter the obstacles, we can triumph. The DA's hatred for Floyd Brink is reminiscent of the cruelty and injustice inflicted upon Cinderella by her stepmother. Comrades, let us draw inspiration from Cinderella's courage and perseverance. We must continue to fight against oppression. Just as Cinderella fought againstemotive

01:20:45her stepmother's cruelty, we owe it to ourselves, our constituents, and the principles of justice and equality. Madam Speaker, the DA's relentless pursuit of this court case is a stark reminder of the bitter resentment that lingers long after the glass slipper has been lost. It is clear that their motives are not driven by a desire to serve the residents, but rather to exert control

01:21:15and rule from the grave. The court case was indeed a politically motivated move to tarnish the coalition's reputation rather than a genuine concern for the people or good governance. Their bitter attempt to discredit this coalition is reminiscent of the DA's history of using the courts to further their own interests. Their actions are a clear indication that their priorities lie elsewhere,

01:21:46and their hatred for the coalition government has consumed them. Instead of focusing on the real issues affecting the people, they are busy trying to score cheap political points. Madam Speaker, it is time to see through their antics and recognize that their true intentions are far from noble. The coalition remains committed to serving the people and promoting good governance despite the DA's relentless effort

01:22:16to undermine them. Fellow councillors, this behavior is eerily reminiscent of the wicked stepmother who sought to break Cinderella's spirit through oppression. Similarly, the DA's numerous court cases has consistently failed to champion the causes that truly matter to the people and the residents of the City of Johannesburg. Where is their advocacy for the oppressed,

01:22:47the marginalized, and the voiceless? Where is their fight against inequality, their quest for an inclusive city free from spatial divides that separate our communities? Their actions speak louder than words, and it is clear that their priorities lie elsewhere. We will not be swayed by their antics, and we will continue to fight for justice, equality, and inclusivity that our residents deserve.

01:23:16Madam Speaker, the coalition government in Johannesburg is poised to bring about transformative change, renewal, and a clear path forward for the residents of the City of Johannesburg, much like the fairy godmother waving her magic wand. With Tshepo Makola at the helm, there is renewed optimism that the city is indeed in capable hands. The recent court case has only strengthened

01:23:46the coalition's resolve to accelerate service delivery and better serve the residents of Johannesburg. This determination is a testament to the coalition's commitment to its constituents. As the city navigates the complexities of coalition politics, it is essential to prioritize the needs of the residents. The coalition government has shown resilience in the face of challenges, and with the right leadership that we have, Madam Speaker,

01:24:17Johannesburg can thrive. Madam Speaker, some of the key areas of focus for this coalition government include, one, ensuring that the coalition remains cohesive and effective in delivering services to the residents. Two, accelerating service delivery to meet the needs of Johannesburg residents, including improving infrastructure and healthcare. And thirdly, Madam Speaker, ensuring that coalition government

01:24:48remains accountable to its constituents, transparent in its decision-making process, and responsive to the needs of the residents of the City of Johannesburg. Madam Speaker, the coalition government's renewed commitment to serving the residents of Johannesburg, there is hope for a brighter future for the City of Johannesburg. That's why as the ANC, we support the appointment of Mr. Makola as the acting city manager of the City of Johannesburg. I thank you.

MMC Masuku's response on delegations

01:25:26Thank you, Councillor. MMC Masuku.

01:25:33Thank you very much, Madam Speaker, and compliments to all councillors. Madam Speaker, through you, allow me to greet the Executive Mayor of the City of Johannesburg, Councillor Dada Morero, leaders of various caucuses and the Chief Whip of council, and the caucus of the African National Congress. Madam Speaker, we are here as the Government of Local Unity

01:26:03and we are bringing this acting report to make it clear that as led by the Executive Mayor, we did not challenge the court ruling because we respect decisions of the court. If we did not, we would have acted differently. We respect decisions of the court, we have abided by the decisions of the court. Madam Speaker, and clarifying just an issue raised, I think it's important through youclaim

01:26:34that recommendation two and three are not the same. If you read recommendation, firstly, recommendation one is clear, you note the contents, the contents being the holistic report from page one to five. And then recommendation two speaks about ratifying the decision, and ratifying the decision is clear thatclaim

01:27:04it is an acting appointment. However, in recommendation three, it makes it clear, Madam Speaker, that it cannot exceed three months as stipulated in Section 54. Madam Speaker, there is another issue raised that the DA caucus seeks clarity on. I wish to draw your attention, Madam Speaker, to council delegations, page 37.20claim

01:27:34of council delegations of the City of Johannesburg approved by the council meeting of the 19th of June 2013. Those delegations are very clear on page 37.20 attached on the spreadsheet of the report to council that appointment of the acting city manager is a responsibility of council and has been delegatedclaim

01:28:06from council to the Executive Mayor. Those delegations were approved by council. However, I think the discussion must always be a discussion that seeks to build. There have been many changes in government. If there is a caucus that feels that group governance needs to review council delegations, there is nothing wrong with engaging with the executive even through yourclaim

01:28:37Governance Section 79 Oversight Committee. The Governance Oversight Committee can take that resolution, council delegations can be reviewed. I mean, the delegations to the Executive Mayor are over 54 that we've done. There are even sub-delegations from council to the mayor, the council approved those sub-delegations to the city manager. There are sub-delegations from the city manager to the CFOclaim

01:29:08and to some group executive directors. So, in order for us to move forward, I think that perhaps should be the spirit and the approach which you take to say, colleagues, the city has evolved. There have been circulars that have come into play. Perhaps we need to have a different discussion from Section 79 up until to the executive, and then group governance works on that and then we move. There is no reason why we would intentionally bring a report

01:29:40that would be illegally putting this particular acting appointment in jeopardy for an acting arrangement of three months. So, we used those because there has never been any that have rescinded those ones. Also, just to remind you, there are council delegations

01:30:00delegations that were actually approved in 2008. Then the 2013 delegations rescinded the 2008 council delegations. Now those who have been in council and would have the history, through you, Madam Speaker, I'm sure Councillor Vasco Da Gama would have an appreciation and know, even Councillor Wax through you would know. We do appreciate the comments. Thank you for supporting the acting appointment and we will

01:30:1520 seconds.

01:30:30bring a report to start the process of the City Manager to be appointed. And I thank you. We ask council to ratify the decision of the Executive Mayor in line with council delegations. Thank you.

01:30:54Thank you, MMC.

First vote on acting City Manager report

01:31:10Councillors, the recommendations are on page 1.5. Is the item agreed to?

01:31:24That means we'll start with our voting. When we look at the register, we've got 240 councillors in this chamber.

01:31:39I'll start with all of those councillors

01:31:48Madam Speaker. Speaker.

01:31:52Councillor Raphadu or Councillor Da Gama?

01:31:55Thank you.

01:31:55Raphadu.

01:31:56Thank you, Speaker. As per norm, can you please ring the bell so that other councillors who are outside can come inside. Thank you very much.

01:32:06Thank you, Councillor Raphadu.

01:36:21Caucus leaders, please ensure that all your caucus members are seated. Once we start with this process, if they're not in the chamber, they will not participate in the voting.

01:36:37Councillor Christians, we're about to start, Caucus Leader Belinda.

01:36:48Councillors, all those in support of this report, please raise your hands.

01:39:20Councillors, you can drop your hands.

01:39:25All the councillors that are voting against this item, please raise your hand.

01:41:51Councillors, you can drop your hands.

01:41:55All those councillors that are abstaining, you can raise your hand.

01:42:00Khumutjo only one. Councillor Mashala.

01:43:45Councillors, you can drop your hands. Let's give legal 5 minutes to tally the results.

01:46:48Councillors.

01:46:51The results are as follows:

01:46:55all the councillors that voted in favour of this item it's 139. All councillors that voted against it, it's 81. And councillors that abstained, it's 40. This item passes.

01:47:19Councillor Christians.

01:47:24Thank you, Speaker. Speaker, I rise in terms of rule 84. Can we note for the record the dissent of the Democratic Alliance. We do not believe that local rules can oversee the national act. Thank you.

01:47:37Councillor.

01:47:40Your dissent is noted, Councillor Christians.

01:47:44Next.

Tally discrepancy challenged

01:47:46Speaker.

01:47:47MMC Arnolds.

01:47:48Speaker.

01:47:52You gave us a number, I can't remember what it is, that of councillors present in council.

01:48:04240.

01:48:08And your people that counted there gave us 260.

01:48:16The DA you are saying is 81.

01:48:22She said, pardon?

01:48:27They said 81.

01:48:30You said 81. You said ActionSA 40, and this side 139. So it gives us 260. Can we please just ask how many DA councillors there are?

01:48:46And I'm not trying to be funny. I'm really not trying and they're agreeing with me.

01:48:52It's fine.

01:48:53Because they are 73.

01:48:54MMC Arnolds, they are checking, it's fine. Your point is noted.

01:48:56Yeah.

01:48:57Thank you.

01:48:58Because Freedom Front Plus voted for and those guys at the back voted for. Can't be 81, someone is counting wrong.

01:49:16Madam Speaker, there are no those guys in this chamber. The ACDP voted for the report, not those guys. Thank you.

01:49:50MMC Arnolds, you are right. It's 260 which does not add up to what we have on the register. So this means we have to start this process again.

Register and headcount dispute

01:50:06Councillors, please sign the register. Otherwise we'll do head count. Legal, I think we must do head count.

01:50:25It's wrong. It's wrong. It's wrong. It's wrong.

01:50:36The reason why there's a discrepancy [inaudible]

01:50:41I think we must do head count. Head count. Yeah.

01:50:49isiZuluSo yenzani ihead count ke.

01:54:55Councillors, please switch your mic off. We're getting feedback that someone's mic is on, and you're speaking about personal issues and our residents are listening to that. So please switch off your mic. We are still streaming.

01:55:36Councillors, please settle down. We have 242 councillors now that have signed the register. From 240 to 242. So legal, please do head count.

01:56:05Councillor Echeozonjoku, I'm getting good at your surname now.

01:56:10Councillors, please switch off your mic.

01:56:14Thank you so much, Madam Speaker. My apologies. Can I please ask you that you repeat what you just said because I thought you said we're going for a head count, I just need clarity, please.

01:56:23Yes, I requested legal to do a head count because before we started voting there were 240 councillors, now it's 242 councillors in the house.

Second vote on acting City Manager report

01:57:02Okay, councillors. I think let's just vote and if it doesn't balance then we'll do the head count. Hey, we all want to leave, hey?

01:57:14All councillors in support or in favour of this item, please raise your hands.

01:57:23Councillor, please don't leave the chamber.

02:01:12Councillors, you can drop your hands.

02:01:20All those against this item, please raise your hands.

02:02:42Thank you, councillors, you can lower your hands.

02:02:49Councillor Nkomo.

02:02:51isiZuluSiyabonga.

02:02:54All those abstaining from this voting process, please raise your hands.

02:04:43Councillors, you can lower your hand, your hands. Let's give Legal five minutes to tally the results.

02:11:55Councillors.

02:11:59isiZuluNgicela ukhalezi ibhele ngathi amakhansela aphumele.

02:12:04isiZuluNikhona?

02:12:46Thank you for your patience, councillors. The results are as follows. All those in support of this item is 139 councillors, all those who voted against this item 60 councillors, and all those councillors who abstained from the voting process it's 41 councillors. The numbers add to 242 councillors. The item passes.

02:13:20Councillor Christians.

02:13:25Thank you, Speaker. Speaker, in terms of Rule

02:13:31Councillors, leave him to descend, it's his right, please. Councillor Christians.

02:13:37Thank you. Thank you, Speaker. Speaker, I rise in terms of Rule 84. Please record the descent of the Democratic Alliance in this item. Thank you.

02:13:49Thank you, Councillor Christians, noted. MMC Arnolds.

Disputes over the count after second vote

02:14:00Speaker, there are two councillors that went to smoke. Because if I add I might have done Arithmetic and not Mathematics, but I can count. You have 139, am I right, that voted for. You have 60 that voted against, and you have 41 that vote, that did, that descended, right? So the total amount is 240.claim

02:14:31It's not 242. The calculation once again is not right, but it's fine. Thank you so much. We are consistent, we have 139.claim

02:14:47Meet in court.

02:15:35Councillor Mmbengwa.

02:15:4222, rule number 72. Speaker, maybe content the decorum before I speak.

02:15:51Councillor, you can speak, you're protected.

02:15:54Good morning, Mme Echeozonjoku. I want that kakafoni to stop there. Speaker, I'm appealing with you and with respect. Speaker, I'm appealing with you and with respect. We will not want this administration to be ruled and be determined by the courts, there in the high court. Because if we have got all can I be protected, Speaker.

02:16:19You are protected, Councillor. You're on the floor. Councillor Echeozonjoku, I'm getting good at your surname. Please allow him to finish.

02:16:28Then if I finish my, what I want to say to the Speaker.

02:16:33Councillor, and then?

02:16:34Now what I'm requesting you, principle and respect.

02:16:37isiZuluSiyezwa, khansela, yisho.

02:16:38Can we make sure that all our little gibberish things that is emanating from all these numbers and everything is addressed properly. We don't want to come back again because somebody has went to court to drive this administration in the name of

02:16:52Noted. Noted, Councillor Mmbengwa. Noted. Council, councillors, when Legal looked at the register I confirm that it's 242.

02:17:10And what you are saying now is that Councillor Arnolds is right with 240. So it's two different things. So it leads us back to what I was saying, headcount. Headcount. You are fine.

02:17:38So we won't see litigation matters. Councillor Echeozonjoku, I'm sorry I think I forgot you there.

02:17:58Okay, you can come through.

02:17:59Madam Speaker, thank you very much. You've actually pronounced my surname so eloquently. Thank you very much. I appreciate that respect. Madam Speaker, I just want to say since we're allowed free speech now that everybody has voted. I just want to say that when councillors in this chamber, there are the systems and the structures act. We do not take pleasure in taking things on litigation. All we want is good governance.

02:18:31Is good governance, Madam Speaker, and that is why you allowed Councillor Mmbengwa to speak, so you'll allow me to speak as well. So thank you very much, Madam Speaker. We don't take pleasure in litigation. Good governance takes precedence. Thank you very much, Madam Speaker, I'm done.

02:18:33Councillor. Councillor, please hold on. Councillor Echeozonjoku. Councillor. Councillor Echeozonjoku. Councillor. Thank you. MMC.

02:19:00Councillors, remember we said councillors who are not in the chamber will not form part of the voting process. So, MMC, those two councillors who left the chamber did not form part of the voting process, so the item does pass.

Announcements and adjournment

02:19:38Councillors, we move now to the fourth item which is announcements.

02:19:45Councillors, please be reminded of the Ordinary Council meeting scheduled for the 30th of January 2025.

02:19:54We're now on closing, councillors.

02:19:56We have come to the end of our meeting. Thank you so much, councillors, for your contribution. The meeting is adjourned.

Later recording segment: finance debate remarks

02:30:00The City of Joburg needs strong, stable governance to address its financial woes. It cannot afford to be mismanaged for the benefit of one man's career ambition. Thank you.

02:30:13Thank you, Councillor Kreusch. Now next speaker is Councillor Zama from the IFP.

02:30:26Thank you very much, Madam Speaker. Greetings to the Executive Mayor, Chief Whip of Council, the Acting City Manager, MMCs, Fellow Councillors, Officials and Members of the Media. Let me take this opportunity to congratulate the newly appointed MMC for Finance, Councillor Margaret Arnolds. Your wealth of experience in the local government sector will be much needed, especially in this portfolio, the heartbeat of the city.

02:30:55Madam Speaker, the IFP supports the recommendations as contained in the report with strict monitoring of the budget allocations and expenditure. Today's council sitting marks the tabling of the adjustment budget and we acknowledge the ongoing financial constraints faced by the city, largely attributed to low revenue collection. That has led to the city taking on a new loan over two comma five billion to finance its capital budget.

02:31:25While the city continues to struggle with collecting over fifty billion owed to it by residents, businesses and government entities, taking on additional debt will only place a heavier burden on the city's finances and ultimately affect the residents of Johannesburg. Many communities across Johannesburg still lack basic services such as clean water, reliable electricity, proper waste management and well-maintained roads.

02:31:55Yet instead of prioritizing service delivery and improving revenue collection mechanisms, the city is opting to increase its debt obligations. Thank you.