Marianne Merten The Democratic Alliance-controlled Cape Town council late on Thurday agreed to give up three seats on its decision-making body, the executive committee. This came hours after DA caucus discussions following a court challenge by the African National Congress to prevent the election of former Western Cape premier Gerald Morkel as mayor. At the heart of the new Cape political soap opera is a dispute over who can fill a vacancy created on the councils executive committee when ousted mayor Peter Marais resigned last month. The city says Morkel as a DA representative can take up the seat because the ANC forfeited all rights when it declined three seats offered after the December 2000 municipal election. But according to legal opinion obtained by former MEC for local government Pierre Uys at the end of November and now by the ANC any vacancy on the executive committee must now be filled by the ANC in accordance with principles of proportionality enshrined in the Municipal Systems Act and the Constitution.
This agreement still leaves the way open for Morkel as mayor. At the time of going to press it was unclear which three DA councillors would have to give up their executive portfolios. No official comment could be obtained. In contrast, the mayoral committee system used everywhere but the Western Cape and KwaZulu-Natal is like a cabinet, with the mayor having full discretion to choose his team. The DA controls the council with 107 of the 200 seats. However, it may be ousted sometime after February when new floor-crossing laws are expected to allow New National Party members to rejoin their party, pledged to cooperative governance with the ANC at all three tiers of government. Council insiders say the DA was determined to push through Morkels appointment as “a reward” for his loyalty last month when his former political home, the NNP, made its deal with the ANC.