The Johannesburg Council has approved and adopted the legal opinion on what constitutes a majority even though the Economic Freedom Fighters (EFF) disagrees with it.
Speaker Vasco Da Gama had to halt the election twice as the red berets were adamant the opinion is flawed, but it was outvoted.
“Council has adopted the legal opinion that was provided, and the speaker is authorised to implement the council’s decision.”
Da Gama postponed the election last week to get a legal opinion.
Cooperative Governance MEC Lebogang Maile has threatened to place the city under administration if there’s still no mayor at the end of Wednesday.
The election of a new mayor follows the resignation of Herman Mashaba.
The businessperson turned politician resigned as Johannesburg mayor last month, citing tensions with the Democratic Alliance (DA).
Mashaba’s election three years ago was monumental as it ended the African National Congress’ more than 20-year rule in the country’s economic hub.
He went from being disliked by the EFF, the kingmakers in the city council, to becoming their favourite.
Mashaba was previously criticised for being a lapdog of the EFF by conceding to their demands when budgets had to be passed.
But his relationship with the red berets got him in trouble with his own party.
When he resigned, he revealed the DA frustrated his mayorship and didn’t support his pro-poor agenda.
He said he left Johannesburg in its best financial position, with workers insourced, 24-hour clinics, more police officers and R32 billion in construction projects.