Cogta seeks legal advice over deadlock

Lennox Mabaso

Lennox Mabaso

Published Sep 27, 2016

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Durban - Co-operative Governance and Traditional Affairs (Cogta) is taking legal advice on what to do with two remaining hung municipalities in KwaZulu-Natal.

The department is sending a team of officials to Nquthu and Umzinyathi district, in the northern part of the province – the only municipalities that are yet to form a government.

The officials will assess the impact of the impasse in the troubled municipality and the threat it poses to delivery of services.

Two weeks ago, the Nquthu municipality was slapped with an interim interdict that bars it from holding council meetings until a decision is made on who should represent the EFF in the council.

The interdict arose from internal wrangling within the EFF after its councillor, Sinenhlanhla Ntshangase, was replaced by Malibongwe ­Mdletshe.

But, Ntshangase challenged his removal and secured himself an interim interdict that allowed him to serve as a party representative pending the trial.

The EFF subsequently obtained its own interdict that now bars the council from meeting until their dispute is resolved.

This means that council will be delayed from electing council leaders – speaker, mayor and deputy mayor – and taking any key decisions.

The failure of Nquthu to hold successful meetings to elect office-bearers inadvertently impacts on the uMzinyathi District Municipality, which has yet to be constituted, as they need representatives from Nquthu before they can elect their own leadership, ­subsequent to the August 3 elections.

At the centre of the impasse in Nquthu is the one vote difference between the ANC and IFP-led coalitions.

On Monday, Cogta spokesman, Lennox Mabaso, confirmed both Nquthu and uMzinyathi could hold their council meetings because both interdicts related to the EFF.

“We have to wait for the court decision on the matter, but we are taking legal advice on what we need to do,” Mabaso said. “We have asked for the analysis of the impact this has on the delivery of services. There is no doubt that under the circumstances it impacts negatively,” he said.

Mabaso also said the municipalities ought to have been starting the process of reviewing their integrated development plans, which should be finalised early next year.

While the administration in the affected municipalities continues, they can be held at ransom, especially as done decisions such as awarding of tenders and appointment of staff, among others, may require council resolutions.

But Mabaso said Cogta would also seek counsel from the province’s executive council. “We are going to get a briefing before the end of the week. It’s something we have to do continuously,” he said about Cogta’s team being dispatched to assess the impact of the political deadlock there.

“We can assure the MEC and the province that the municipality will function normally,” Mabaso added.

Vukani Ndlovu, EFF MPL, said he was briefed that the Nquthu municipality was busy with induction of councillors and Mdletshe had been invited.

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