"We have noted the DA’s statement to the effect that they intend to pass a motion of no confidence against the executive mayor and the Speaker," he said in a statement.

"The DA is not in a majority and can only pass such a motion with the concurrence of its junior partners the VF+, Cope and the independent; ie if the latter three are still not prepared or able to free themselves from the perpetual junior status that the DA seems... to relegate them."

However, DA North West leader Joe McGluwa says no formal decision has been taken on this yet.

"There's no motion yet, we haven't said anything yet," he told News24.

"We have to work, we have to talk this out. We [are] not the majority [so] there must be other alliance partners and we have to talk this through."

Khumalo said the ANC in the council would not run "helter-skelter" because of the DA's "pretentions of power".

Last week the Constitutional Court set aside the by-elections conducted on September 12 2013 in ward 18, and on December 10 2013 in wards one, four, 11, 12, 13 and 20.

The court decided the by-elections should be rerun.

The applicants were eight independent candidates who had contested the by-elections. The ANC won all but one of the contested wards.

On the judgment, Khumalo said it should be noted that no political party was found to be involved in the irregularities and it did not mean that the independents or the DA would have won the concerned by-elections.

"Any party, including the ANC could have been equally inconvenienced by the inability of determining the proper location of voters and therefore canvassing accordingly.

"Records of the Political Liaison Committee [PLC]... will indicate that the governing party (ANC) was the first party to raise this issue. The ANC will nevertheless raise this matter at the PLC so that all the parties involved can together with the IEC find a working solution to this challenge."

The Electoral Commission of SA said it was ready to hold fresh by-elections in Tlokwe.

-News24.com