GRAAFF-REINET NEWS - The Dr Beyers Naudé Local Municipality's budget and IDP was passed by the ANC (11 votes) and CSA (1 vote) at a special council meeting on Tuesday after the DA, EFF and FF+ again abstained from voting.

The DA, EFF and FF+ previously abstained from voting on the IDP and budget on 7 and 14 June respectively when certain serious concerns with the budget were raised. It was announced that they cannot vote on a budget that has not been tabled by a legitimately elected mayor.

According to the DA, the primary concern with the budget as presented is that it is, "unfunded and materially flawed in a number of respects.

"The same applies to the Integrated Development Plan (IDP) which is tabled in conjunction with the budget and requires an adopted budget to be implemented."

Regarding the legitimacy of the new mayor, the DA stated that the "so-called election" of ANC Cllr Willem Safers as mayor and ANC Cllr Thembikile Spogter as the chief whip was "unlawful and a gross transgression of the Municipal Structures Act".

"In an act of defiance in the face of precedent and legal certainty, the Speaker decided to follow his own set of rules and used a casting vote to secure the two positions for the ANC," the DA stated.

"The so-called mayor is a second-term councillor and, as such, is well aware that his election is unlawful. And yet, he has chosen to act as though he is lawfully elected and has attempted to table the budget before the Council for adoption."

The DA further stated that they are fully aware that there is an urgent need for a budget to be passed for the municipality to deliver services, but they will not break the law to do so.

"The DA, through its legal counsel, has written to the speaker of the Dr Beyers Naudé Local Municipality, Cheslin Felix, to request that the election be set aside and that a new, lawful process be followed. We are awaiting a response to our letter, failing which we will be approaching a court to have the election of the mayor and chief whip set aside. Until this has been resolved and a new mayor has been legally elected, the Council will not be able to adopt a budget."

Last week the speaker, supported by ANC councillors, attempted to use his casting vote to adopt the budget. When they were again advised by the DA that this was unlawful, they attempted to use the Electoral Act to justify using the casting vote. 

The municipal manager, Dr Edward Rankwana, confirmed that a majority vote was required to adopt the budget, and considering that 13 votes in support are needed for adopting the budget, the budget was not passed. 

The budget passed on Tuesday without the required majority vote and for this reason considered to be unlawful.

An enquiry was sent to the municipality to ask how the budget and IDP could have been approved if there was not a majority vote and if any legal actions has been taken due to the alleged unlawfulness of the new mayor and chief whip. 

Chief operating officer, Hans Hendricks, replied and said: "We can confirm that Council, today (21 June) during a special council meeting, approved the IDP and Budget for the 2022/23 financial year subject to approval by Provincial Treasury and the MEC for Cooperative Governance and Traditional Affairs, Eastern Cape. No court papers have been served on the municipality pertaining the matters of the new mayor and whip of Council."

'We bring you the latest Graaff-Reinet, Karoo news'