Monday, November 4, 2024

Bid to topple Muzila fail as standing order causes confusion

Francistown City Council (FCC) descended into chaos last Friday as the Botswana Movement for Democracy (BMD) tried to topple the city Mayor Sylvia Muzila.

Confusion rocked the council chamber as City Clerk Lebuile Israel and Council Legal Advisor Careb Mbenda had difficulties interpreting standing order 21 which guides the matters of urgency before councils.

This followed Botswana Movement for Democracy (BMD) councilor Gaone Majere’s urgent motion of no confidence which sought to force Muzila to step down as mayor. 

The motion was not noticed and was not on the full council agenda. Presenting his motion, Majere said that the mayor had failed the city council, lacked discipline and did not respect councilors.
“One of the reasons why I want Muzila to step down is because she is failing as a Mayor of this city and she always favors councilors from her party during council sessions. She has never even attended a single meeting in my ward despite the fact that I pleaded with her to do so many times,’ Majere said.
He said Muzila has the tendency to spread malicious rumors tarnishing the image of some of the councilors especially opposition councilors. Majere also said the mayor lacked discipline and is in the habit of to ridiculing and humiliating councilors during Kgotla meetings.
However confusion arose after another BMD councilor Shadreck Nyeku seconded the motion adding that the matter should be debated and be left to the house to decide by voting. He argued that such was the normal procedure as per standing order 21.
The standing order no.21 states that “excerpt with the approval of the meeting in accordance with the standing order 21, business that is not included in the agenda shall not be transacted at a meeting of the council,”. However the standing order has provisions which state that a member of the city council, who seeks to do so, should seek approval by proposing a motion in a form laid down in schedule D at the end of these standing orders and submitted to town clerk. He should then state the subject of such urgent matter and move that it be considered forthwith as a matter of urgency.
BDP councilors on the other hand insisted that the house should vote first on whether the motion could be tabled.
The Legal Advisor and City Council Clerk concurred with the BDP councilors saying it was the right procedure to be followed as per order 21. They explained to Nyeku that there was need for the motion to be first approved by the councilors by voting and then debated once it has accepted by the majority of the house.
However, the Legal Advisor Mbenda said that the only problem with the standing order is that it is not clear, as it does not seek the mover of the motion to substantiate why the motion should be treated as urgent which is required in law. He said that the provisions in the standing order only seek the mover of the motion to explain the business of the urgency of the motion but not the reasons for it to be treated as urgent.
Ultimately the councilors resolved that the council session should resume after 14 days and requested the city clerk and legal advisor to make some consultations regarding the standing order and come with a clear decision.

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