GOOD press statement by Suzette Little,
GOOD: City of Cape Town Councillor & Caucus Chairperson
22 April 2022
Three years after promising to amend its by-laws to exempt the Athaan and church bells from the description of “noise nuisance”, the DA-led City of Cape Town doesn’t want to embarrass itself by discussing the matter in public.
When GOOD submitted a motion to the City a few weeks ago to effect the necessary amendments, the Speaker of Council accepted the motion and said it would be on the agenda for the council meeting on 28 April.
But DA politics have subsequently intervened. The Party doesn’t want to have to account for its inaction. The Speaker now says that although the motion will be on the agenda, it will not be debated. It has, instead, been referred by the City Manager to the Portfolio Committee for Safety and Security.
The Speaker should know that the City Manager doesn’t have the power to usurp functions of the Municipal Council. Avoiding the debate by re-directing the matter to a Council sub-structure not only breaks Council’s own rules; it is also unconstitutional.
A Portfolio Committee can only make a recommendation to Council. A Portfolio Committee has no delegated or legislated powers to decide on by-laws. In fact, Sec 160 (2) of the Constitution of South Africa expressly prohibits the delegation of by-law decision-making.
The City Manager claims to have exercised his powers in terms of Rule 18 (5) of the Council Rules of Order. This rule allows the City Manager to refer motions to appropriate structures of the Council with the powers to take decisions. As a lawyer, the City Manager should know that the only structure of the council with the power to amend a by-law is the full council, itself. Not a portfolio committee.
The City Manager is not a political appointee. His job is to serve the people of Cape Town; not the DA. It is regrettable that he appears to have been persuaded to do the majority party’s dirty work in this instance, and kick the issue for touch.
The DA must have the courage of its convictions and account – in full view of the Council and the public – for its failure to amend the by-law for three years.
We demand that the motion is debated in council, and that council makes a lawful decision on whether to amend the by-law or not.
If the City refuses to debate the issue GOOD will take legal steps to force it to comply with the law.
Media enquiries:
Suzette Little, GOOD: City of Cape Town Councillor
Cell: 073 321 5036
Email: suzettel@forgood.org.za
Samkelo Mgobozi, GOOD: Media Manager
Cell: 079 231 5977 (WhatsApp) / 082 968 4021 (calls)
Email: samm@forgood.org.za