The saga around exempting the “call to prayer” and “ringing church bells” from being considered “noise nuisance” drags on after the Speaker of the City of Cape Town failed to place the matter on the council meeting agenda.
Aunty Pat’s GOOD party has taken the matter head-on and accused the City Of Cape Town of “ducking and diving” to avoid a debate on the matter.
“Three years after promising to amend its by-laws to exempt the Athaan and church bells from the description of ‘noise nuisance’ the Democratic Alliance (DA)-led City of Cape Town doesn’t want to embarrass itself by discussing the matter in public,” said GOOD Councillor Suzette Little.
“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.”
Little, who is also a caucus chairperson, said 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.,” said Little.
A portfolio committee can only make a recommendation to the council.
She said 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,” said Little.
“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 council with the powers to take decisions.
“As a lawyer, the city manager should know that the only structure of council with the power to amend a by-law is the full council itself. Not a portfolio committee.”
Little said the city manager was 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 whether to amend the by-law or not,” said Little.
“If the City refuses to debate the issue GOOD will take legal steps to force it to comply with the law.”
