DURBAN - THE MEC for Co-operative Governance and Traditional Affairs Sipho Hlomuka, has recommended that the IFP and NFP take a dispute regarding the executive committee (exco) in Nongoma Local Municipality, to court.
He was responding to a letter written to him by the National Freedom Party’s Milton Sokhela, who accused the IFP and the speaker of the council of stalling the exco selection process in an alleged ruse to slash its number, which would exclude opposition parties from the municipal body.
The municipality’s exco is alleged not to have sat since before the local government elections in November.
In the letter, Sokhela said the IFP wanted to “enjoy full powers of the executive committee”.
“When the executive committee was allocated, the IFP got four seats; NFP three seats, and ANC two seats; hence they are unable to enjoy full powers in the executive.
“Since the situation proves otherwise for the IFP, the speaker called the second council meeting on December 7, which was a follow-up on the one held on November 22. In that meeting a motion from the floor was tabled that the council must consider cutting the number of exco members from nine to seven. The IFP proposed that one member of the ANC and NFP should be withdrawn. In the IFP’s view this would ease the financial burden on the municipality.
“Unfortunately, that motion was discarded since it did not follow procedure and standing rules of the municipal council.
“Again the same motion was brought to the council on December 14, 2021, through a special council meeting. The ANC and NFP had a joint caucus meeting to try to understand the intended nature of the IFP doing in this, and it was clear that the intention of the IFP was to be in full power of the exco,” Sokhela said.
The MEC responded to the NFP, saying both parties should consider legal action, which does not warrant his intervention.
“While the provisions of the Constitution are acknowledged, as articulated in the preamble to the NFP’s letter, it appears that the events that have been alluded to raise questions of legality, rather than the issue of executive obligations, as contemplated in terms of section 139 of the Constitution.
“After reading the letter, it is apparent that the validity or legality of the meeting which was convened is put into question, in the same way the legality of the conduct of the IFP to reduce the number of exco members is equally challenged.
“It is from this premise that the NFP, together with the affected parties, are strongly encouraged to consider approaching the courts for urgent relief, which will assist in restoring and alleviating the prospect of instability in the municipality,” Hlomuka said.
The IFP’s mayor of Nongoma Municipality, Albert Mncwango, denied the NFP’s allegations, saying they were well within the law to prescribe a reduction in the number of executive committee members.
“We could not have nominated the exco, before the composition of the executive was decided at the council. When the composition was confirmed at a meeting on December 14, the festive season had begun. So, we could not continue with the exco as the people who were crucial to the committee had already left for their holidays.
“The NFP is being ignorant, according to section 43 (a and b) of the Structures Act 117 of 1998; (it) says the council has a right to determine the size of its executive committee, as these people get a special allowance.
“We also have a (circular) from the minister of finance which says municipalities should seriously consider cost-cutting measures. We are also doing whatever we can to reduce the cost of running this municipality.
“We cannot have a bloated exco, which is comparable to eThekwini Metro, whose budget is much bigger than ours,” Mncwango said.
Daily News