Item 6.1.1 / Item Number A5 : Motion of No Confidence in the Executive Mayor 

Report of the Municipal Manager, A Vorster 

Table of a motion of no-confidence in the Executive Mayor, Councillor H.F. Du Rand and subsequent removal from office as received from ANC Councillors. 

FACTS AND BACKGROUND 

A motion of no-confidence in the Executive Mayor was received by the Office of the Speaker on 20 January 2025 with the request that the motion be tabled to Council within 10 days of receipt thereof for Council to deliberate and vote on the motion. 

  A motion of no-confidence, by definition, is a motion and corresponding vote thereon in a deliberative assembly (usually a legislative body) as to whether an office bearer (typically an executive) is deemed fit to continue to occupy their office. The no-confident vote is a defining constitutional element of a parliament system, in which the executive’s mandate rests upon the continued support (or at least non-opposition) of the majority in the legislative. 

  Removal from Office: The Local Government Municipal Structure Act in section 58 provides that a municipal council, by resolution may remove its executive mayor or deputy executive mayor from office. Prior notice of an intention to move a motion for the removal of the executive mayor or deputy executive mayor must be given. 

In the absence of the Rules of Order Regulating the Conduct of meetings of the Council of the Municipality of Swellendam making any provision for the procedure in the event of the implementation of Section 58 of the MSA, 1998 the following is suggested based on past practice as applied by other municipal councils in the country: 

• Any councilor may submit a written motion addressed to the Speaker moving that an office bearer be removed from office. 
• Such motion must be seconded. 
• It must contain a brief summary of the reasons for the removal and a request that the matter be tabled to a special meeting of the council, the date of which should also be indicated in the motion. 
• Upon receipt of the motion, the Speaker must send a copy of the motion to the Municipal Manager and convene a special council meeting on a date and time set out in the motion and inform the Municipal Manager accordingly. 
• Should the Speaker fail to convene the special council meeting the Municipal Manager must convene said meeting. 
• Should the Municipal Manager fail to convene said meeting a person designated by the MEC for local government in the province may call and chair the meeting. 
• Should the office bearer to whom the motion relates, be not present during the special council meeting, the council may continue with the proceedings in the absence of such office bearer, however the office bearer to whom the motion relates, has the right and must have the opportunity to respond to every allegation made. 
• When it comes to voting on motions of this nature, it should be pointed out that neither the Structures Act nor the Rules of Order prescribes the manner of voting in this regard. 
• The person or authority that would be best suited to make a decision on the voting mechanism in motions of this nature, would be the Speaker because the Speaker has the discretion where he/she is called upon to interpret the rules, in terms of rule 3(1), which states “The Speaker may give a ruling in respect of any eventuality for which these rules do not provide and no further discussion shall be allowed on the ruling. 
• If the motion to remove from office is carried, the office bearer to whom the motion relates, is removed from office with immediate effect. 
• Should the office bearer in question be the executive mayor, the mayoral committee appointed by that executive mayor, dissolves. 
• The council may proceed to elect a new office bearer, which election is regulated by Schedule 3 of the Structures Act. 
• A vote on the election of a new office bearer must be taken by secret ballot. 

DISCUSSION 

Section 58 -59 of the Local Government: Municipal Systems Structures Act, 1998 describes the following: 

  “Removal from office 

1. A municipal council, by resolution may remove its executive mayor or deputy executive mayor from office. Prior notice of an intention to move a motion for the removal of the executive mayor or deputy executive mayor must be given. 

Vacation of office 

1. An executive mayor or deputy executive mayor vacates office during a term if that person— 

1. resigns as executive mayor or deputy executive mayor; 
2. is removed from office as executive mayor or deputy executive mayor: or 
3. ceases to be a councillor,” 

  The Municipality’s Third Establishment Amendment No 191 dated 28 May 2003, provides that the 

Municipality may designate the Executive Mayor as full-time councillor. 

In the event of the motion of no-confidence in the Executive Mayor H.F. Du Rand being passed, Council may want to proceed with electing a new Executive Mayor. 

  The procedure to be followed for the election of an Executive Mayor, should a vacancy occur, is embodied in Schedule 3 of the Structures Act and is attached as Annexure C. 

Annexures to report 

  Annexure A: Motion of no-confidence received from ANC Councillors Annexure B: Section 55 to 59 of the Structures Act 

Annexure C: Schedule 3 of the Structures Act 

Annexure D: Nomination Form: Election of Executive Mayor 

LEGAL IMPLICATIONS 

• Part 2 of Chapter 4 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) (Structures Act) 
• Swellendam Municipality Third Establishment Amendment Notice No 191 dated 28 May 2003. 
• Code of Conduct for Councillors: Schedule 7 of the Local Government: Municipal Structures Act as amended. 

RECOMMENDED 

1. that Council considers the motion of no-confidence in the Executive Mayor, Councillor H.F. Du Rand submitted by ANC Councillors M.T.A. Swart, G. Libazi, J.A. Matthysen, I.H. Ferguson and D.J. Julius.