Durban - KwaZulu-Natal Department of Co-operative Governance and Traditional Affairs MEC Sipho Hlomuka has welcomed the Pietermaritzburg High Court’s judgment to reinstate the legitimate leadership in Mtubatuba and uMkhanyakude municipalities.
Hlomuka said the judgment marked an important turning point in the quest to protect the dignity and integrity of the sphere of local government in the province.
“The court action was instituted by the department following a number of irregularities observed by the department in council meetings convened by the municipality where councillors tried to pass a motion of no confidence in the leadership that was elected following the 2021 local government elections,” Hlomuka said.
This week, the high court once more confirmed the department’s stance on the subsequent meetings convened by the council.
“The judge granted an interim order declaring the meeting that was convened on May 3, to be unlawful and accordingly set aside the appointments made at this meeting,” Hlomuka said.
“This means that the original leadership at uMkhanyakude is reinstated.”
Hlomuka said that the court also ruled that a rule nisi in the uMkhanyakude matter be extended.
“We have been granted authority to call the council meeting of Mtubatuba within four days from today, that is, by this Friday,” Hlomuka said.
He said that the court order vindicated the provincial government’s stance that no one was above the law.
Last week, the Daily News reported that a dispute in uMkhanyakude District Municipality anchored in Mkuze in northern KwaZulu-Natal was destabilising. That was contained in papers filed by Hlomuka in the Pietermaritzburg High Court where he was seeking to preserve the status quo that would see the ANC’s Siphile Mdaka returned as mayor, Solomon Mkhombo as speaker and Zodwa Mtshali from the NFP (coalition partner) as deputy mayor. The case had more than 10 respondents which included the IFP councillors and the district municipality itself.
The court action was sparked by a swift political coup staged by the IFP early this month after it won a court battle that gave it three more councillors and an outright majority. During the coup, three councillors were dislodged and replaced by Tim Moodley as mayor, Killer Mkhwanazi as deputy mayor and Petros Madlopha as speaker.
Verus Ngcamphalala, the regional secretary of the ANC in the Far North welcomed the reinstating of the leaders in the district. “(The) Mayor of uMkhanyakude District Municipality is Cde (comrade) Siphile Mdaka, the Pietermaritzburg High Court has pronounced; Council meeting that sat on May 3 to remove our leadership was unlawful and all decisions taken there are set aside," he said.
Moodley, the IFP mayor who dethroned Mdaka, said this was a technical issue and they will start the process to remove the ANC from power afresh, following all due processes.
Daily News