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CITY OP

TSH\A'qNEri,ihii1"'hl{1 r:.r ;l:.1,.1"1:"il; r.

Offlcc of the Speaker

Room 804 | 8rh Floor I HB Phillips Building I Cnr Bosman & Schoeman Streets I Pretoria I

PO Box 440 | Pretoria | 0001Tel: 01 2 358 4228 t 012 358 1 60'1 | Fax: 086 21 1 9301

Email: JessicaMa@tshwane.gov.za I www.tshwane.gov.za I www.facebook.comiCityOf Tshwane

My ref: Cllr MS ShackeltonYour ref:Contact person: Adv. S. J. SegolelaSection/Unit: Private Office of theSpeaker

TO: CLLR SHACKELTON

Per ema i I : f'fi , i-"r ":i'

*'''o ^'ti* .' \'- tr^r':;

RE: RE: INVESTIGATION INTOCOUNCILLORS AS SET OUTSYSTEMS ACT 32 OF 2OOO BY

Tel:012 358 7387Fax 012 358 1312Email: seipatise@tshwane, gov.za

08 February 2016

.l,, 1 a r \rl

)

ALLEGATIONS OF BREACH OF CODE OF CONDUCT FOR

INSCHEDULEISEGTIoNI3(1)(a)oFTHEMUNICIPALCOUNCILLOR MS SHACKELTON

The above matter refers.

BACKGROUND

on the 2g octobe r 2015 during council Meeting, a debate on Total Remuneration Packages

payable to Top Managemenifor the Year 2015t16 report took place. During the debate you

made the following remarks:

(Unaltered)

,,This administration struggles to fill vacancies, probably something to do with the Mayor's

statement in this very ch;;ber that jobs in this city are for ANC card carrying members and will

not apologies for tnai. that is what the Mayor said in this Chamber'"

You went fufther to saY:

"seemingly everybody and his mother is42'/o vacancy rate in this municipality'"

(Unaltered)

a manger or a director but we cannot fill vacancies of

Kantorc ya Sepikam r Kantoor van die SPeaksr Kantorc ya Mmmusakgotla

Hoffsi ya Xipikara ' lHhdisi LilaSomlomoOffice of the SPoker

236

On point of order, MMC Pillay said the following:

(Unaltered)

,,This is really a personal attack on the Mayor. Cllr Shackelton says that the Mayor announced in

this chamber that a job created by this Municipality is only for ANC members. The Mayor never

made that statement. Two, if I heard him correitty ano I sincerely hope I did not hear him

correcly. But if I heard him correcfly, he said the Mayor's mother is director, that is what I heard

him say. ls that what he said? Madam Speaker with due respect he must withdraw that. That is

really, that is bottom of the barrel....."

The Acting Speaker indicated the following to yourself:

(Unaltered)

,,1 think you heard him correctly. cllr Shackelton can you please withdraw."

you failed to withdraw as requested by the Acting Speaker and requested her to repeat what

you have said. The Acting Speaker allowed you to do so and you continued to say the following:

(Unaltered)

,,Can I please repeat what I said so that everybody understands. I am not referring to the

Mayor,s ,rnug"r, I said everybody and their moiher appears to be a manager or director in this

Municipality wrritst it struggles to fill ordinary vacancies."

MMC J Ngonyama requested the Acting Speaker to refer the remarks to the Rules and Ethics

Committee. The matter is therefore referred'

Before the Committee can consider the matter, you are requested to provide proof of the above

stated allegations by the 12 February 2016 end of business.

It is my contention that the period of time given for the submission of the proof is reasonable, in

that, I assume when you made the allegaions on the 29th october, you had the required proof

already in your Possession.

Yours sincerelY,

SPEAKER OF

237

t\ *! t

t-'rrlll INAL .t (,.lVl l, l,'rry .tTTOltNriYS

FOR ATTENTION: ADV S.J. SEGOLELAVIA EMAI L: OnqeziweB@tshwane.qov'za;Sei patiSe@tshwane.qov.za(2 PAGES)

Your reference: Cllr M.S. ShackletonOur Reference: Cllr M.S. Shackleton Date: 10 February 2016

Dear Sir/Madam;

RE:INVESTIGATIONINTOALLEGATIONOFBREACHOFCODEOFCONDUCTFORCOUNCILLORS AS SET OUT IN SCHEDLE 1 SECTION 13(1)(A) OF THE MUNICIPAL SYSTEMS ACT

32 OF 2OOO BY COUNCILLOR M.S. SHACKLETON

The abovementioned matter refers.

Kindly take note that there is no councillor in the city of Tshwane called "shackelton" as per your letter

dated g February 2o16,which was only sent to me on 1O February 2016. My full name is Michael Stephen

Shackleton.

I have attached the speech which is the subject matter of this complaint for your records and perusal'

ln the constitutional court matter of 2016 in which the Democratic Alliance, Economic Freedom Fighters

and public protector are applicants againsi the Republic of the President of the Republic of south..Africa

and others, counselfor thd president, J"r"ry Gauntlett sc stated that Presidenlzuma had taken time to

comply with the public protector's findings as he was undergoing an "evolution in his thinking'"

I contend that I did not withdraw the remarks under investigation when I was asked to do so by the Acting

Speakeraslhadnotundergoneanevolutioninmythinking'

I have now done so and if asked to withdraw the remarks today, I would do so unconditionally'

Regarding the first set of comments quoted and made by himself on the first page of your letter, I did in

fact hear the Mayor utter those woros in a pr"uiorr councit meeting. I cannot, .however, remember which

meeting and if it is not on record then I concede that it cannot be proven. I therefore withdraw those

comments due to a lack of evidence.

ln reference to the second quotation, in which I am alleged to have insulted the Mayor's mother, kindly

take note of the definition of the idiom under discussion at the following online link:

ffineys.ApartnerchipformedintheRepublicofSouthAfrica.Partners:M.S.ShackletonLLB(UP);T.G.L.MohapiLLB(UP)physicar: Law chambers on the Avenue, A.l1.l11t.jl:ilil;l.I1l;:g,1:*1,"::1il::l*..:"i::t:i;;:3i,T"t'iffifl:il[:"tiitiil|Tffll3:::IILTffi[i,Tff[.''il1li,illlili'r);0#; &;:r;:ii) riiliriii6piietoioi'n"crptonraw.io.za; tshepo@tshepomohapiraw.co'za Internet:

http://www.shackletonlaw.co'za Facsimiler 0866 073 700

%me{nL{T*n & n*?thwl

238

Page 2

The phrase ,,everyone and their mother" is defined as a large number or a majority of people' lt is used

hyperbolically.Hyperbolereferstoexaggerationforeffect.

I understand now that the idiom may not be well known to the Acting Speaker, S. Pillay MMC, J

Ngonyama MMC and to numerous others not in the ranks of the political party I belong to. I thought that it

was a well-known phrase that was reaoity understood and I concede that I was wrong to have thought

that. I undertake to never use the same pnrase in a Council meeting of the City of Tshwane ever again'

I wish to place on record that I never had any intention_ of insulting the Mayor's mother. I do not know who

she is. I would never insult the gxecutive Mayor Kgosientso hamakgopa's mother either directly or

indirectly.

I am extremely sorry if the Mayor is under any impression that I did so.

Yours faithfullY

11.*1.*;*t"*'

Michael Shackleton LLBAdmitted AttorneYPartner: Shackleton & Mohapi AttorneysDA Councillor, Tshwane MetrobR t"h*"ne dpokesperson for Group Legal Services.

Registrar: DA dauteng provincial Disciplinary committee

ne!ional Training Chiirperson: DA Gauteng North

DAtonstituency Chairperson : HammanskraalDeputy chairpersonl Gauteng Association of Democratic Alliance councillors

DA Acting Gauteng Youth Leader

239