EMBATTLED City of Tshwane Mayor, Dr Murunwa Makwarela, has given the City Manager Johann Mettler until Thursday of business to withdraw a letter of complaint sent to the Independent Electoral Commission (IEC).
Makwarela was elected Mayor of Tshwane last week Tuesday on 28 February, and upon his election, Mettler asked him to produce a certificate showing that he has been successfully rehabilitated within seven days.
His insolvency case dates back to 2016. On Tuesdays March 07, Mettler wrote a letter informing the IEC that Makwarela has been “disqualified as a Councillor” because of failure to produce proof that he has been rehabilitated.
The sequestration matter relates to an outstanding debt of R255 000 owed to BMW’s financial services department.
Makwarela is not giving up the fight, arguing that he has assured Mettler that he has been fully properly rehabilitated by the Pretoria High Court, and had asked to be given until Friday 10 March to produce a certificate of rehabilitation.
He said despite his “confirmation and undertaking,” Mettler went ahead on Tuesday 7 March to declare a vacancy to the IEC, plunging the city into a leadership crisis.
“Our client denies the allegations that he is disqualified from holding the position to which he was properly elected,” Makwarela said in a letter to the City Manager through his lawyers on Wednesday.
Lawyers are also challenging the city manager’s authority to declare Makwarela “disqualified”.
“It is especially not within your authority to do so, in circumstances where our client has challenged your allegations and undertaken to provide proof of his contention on or before Friday, 10 March 2023,” Makwarela’s lawyers said.
Makwarela is demanding that Mettler withdraw his letter to the IEC and issue a media statement stating that he made an error in alleging that there is no proof of rehabilitation.
“You are to comply with this demand and deliver proof of your compliance to our offices by close of business on Thursday 9 March 2023, failing which our client will proceed with a high court application for an order prohibiting you from continuing with your unlawful allegations,” Makwarela’s lawyers said in a letter to Mettler.
In threatening legal action, Makwarela is also demanding an apology from the Mettler for deliberately leaking his letter to the IEC to the media.
Meanwhile, EFF Tshwane leader Obakeng Ramabodu said his party is questioning the circumstances around which Makwarela has been disqualified as the mayor of the capital city.
“We think that the new development is part of the DA witch hunt. The DA knew all along that there were issues with Mr Makwarela but because he was working with them, he was fine. The IEC needs to vet the candidates, and not political parties,” Ramabodu.
The ANC in Tshwane has advised Makwarela to challenge the disqualification in court.
“Makwarela must challenge the disqualification as a councilor in court. The City Manager doesn’t have those powers because the IEC has declared Makwerela a qualified counsellor. If they want to challenge him, they must go to court,” ANC Tshwane Chairperson George Matjila said.
Matjila questioned the timing of announcing Makwarela’s “disqualification” especially since he has been Speaker of the Council for some time.
The IEC, on the other hand, has given COPE 21 days to appoint a new PR councillor in the City of Tshwane to replace Makwarela.
COPE Spokesperson Dennis Bloem said his party is questioning why the IEC has not flagged the issue before.
“Makwarela has been a Speaker for more than a year, why all of a sudden are we getting this now,” asked Bloem.
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