Durban — The Durban High Court has granted eThekwini Deputy Mayor Philani Mavundla an interim relief not to be removed from the council.
Mavundla filed a notice of motion against his removal at 2pm on Monday.
The respondents included the speaker of eThekwini Municipality Council, eThekwini Municipality, the Chief Whip (Municipal Council), the Municipal Manager and the ANC.
The notice of motion document states that Mavundla should remain a member of the eThekwini Municipality Executive Committee of the eThekwini Municipal Council for a period ending when the next Local Government Elections are declared or until such time the municipal council is changed.
“It is declared that the applicant (Mavundla) shall remain the deputy mayor of the eThekwini Municipality of the Municipal Council until he resigns as mayor or deputy mayor; or is removed from office as a member of the executive committee in terms of Section 53; or ceases to be a member of the executive committee,” read the notion.
“It is required that the respondents be interdicted and restrained from considering, deliberating and or taking any decision at a municipal council meeting, to remove Mavundla without complying with the provision of Section 48(4) (b) and 53(1).”
Judge ZP Nkosi said sufficient time was required to give notice of Mavundla’s removal to all members of the council.
“The application is resisted by 1-5 on the basis that there has not been unlawfulness in the past and there will be not in the future. Urgent motion that has already been moved. It must be handed to the speaker at least 24 hours and there must be motivation.”
Speaking to the media outside court Mavundla’s attorney Thando Mbili, said they were thrilled and relieved that the court granted them the interim relief.
“We got what we wanted and my client is very happy. We were in court because there is an agreement reached between the ANC and the ABC resulting in Mr Mavundla’s appointment as the deputy mayor.
“There has been friction over the period that the client ascended to that position between him and some members of the council from the ANC and that has resulted in the ANC wanting to oust Mavundla. We were here to ensure that he is not ousted in a manner that is not consistent with the law,” he said.
The court’s decision meant that the meeting could continue, he said.
However, the issue or point to oust Mavundla as the deputy mayor cannot be discussed until such time there is full compliance with the provisions of the Municipality Structures Act.
“The act requires that notice must be given to all members of council and that is the most important part that could make the meeting not continue.
“The discussion of the removal of Mavundla without following all the procedures of the rules and law should not be heard,” said Mbili.
He added that they were not against his removal if there were bad suspicions. “However, we demand that it is done in a lawful manner.”
eThekwini mayoral spokesperson Mluleki Mntungwa said the council would respond once it had studied the judgment.
ANC eThekwini spokesperson Mlondi Mkhize said they would study the judgment and then make their pronouncement.
Last week’s eThekwini council collapsed after the ANC leadership in eThekwini informed Mavundla of its intention to remove him from his position as chairperson of the human settlements and infrastructure cluster, which would mean removal from the executive committee.
Mavundla who is the president of Abantu Batho Congress (ABC), led a bloc of smaller parties that assisted the ANC to govern eThekwini during last year’s local government elections.
The ABC-led bloc brought 12 seats to the coalition and the agreement was that the ANC would govern the city in partnership with the bloc.
Daily News