The Pietermaritzburg High Court has halted the ANC's decision in the Mzala Nxumalo region (Zululand) to forcefully remove Councillor Khaya Khumalo as a member of the Zululand District Municipality exco (executive committee).
Khumalo is now back in the saddle, while Thokozani Sikhakhane, the deputy regional chairperson who was intended to replace him in the decision-making body is left in the cold.
Khumalo was ousted through a vote of no confidence on July 11, 2023, which was initiated by his own colleagues (Councillor Mxolisi Zulu and Victor Dlamini) after he refused to resign as instructed by Ntokozo Nxumalo, the regional secretary of the ANC.
The ANC-NFP-EFF alliance is accusing the IFP Mayor of Zululand district municipality, Thulasizwe Buthelezi, of sidelining the leadership of Nongoma. This was after on Tuesday Buthelezi staged a service delivery event in one of the wards of Nongoma and they were snubbed. @IOL pic.twitter.com/Zdo2HSS7aP
— Sihle Mavuso (@ZANewsFlash) August 1, 2023
He tried to interdict the sitting, but it was overtaken by events as when his case came before a judge, it had already taken place.
Khumalo did not back down as he re-enrolled the matter and it was heard on 21 July 2023.
In his papers, Khumalo argued that the decision to remove him was taken in contravention of the law. He was not given the required notice of 14 days.
During the second round, he elected not to cite the ANC as he had done in the previous application.
Instead, he cited the IFP-led Zululand district municipality and the Zululand District Municipality council.
He further said that in the way he was ousted, the municipality Speaker Daphney Memela did not follow the law.
He told the court that the matter is urgent as his salary will be affected and another councillor may end up taking his position if the municipality is not interdicted.
Moreover, Khumalo said the method used to remove him was illegal as no voting took place. However, Memela gave his removal the green light, contravening the law.
He alleged that during the sitting where he was ousted, Memela, the Speaker of the council, asked whether any councillor was opposed to the motion. He stood up and told her about the pending court case where he had filed papers, but Memela ignored that.
After a hearing, the court ruled that Khumalo should be returned to his position and the respondents have until September 1, 2023, to show cause why the ruling should not be made final.
Also scoring a court victory on Tuesday against the ANC in the same region was Mziwakhe Dubazane, a councillor in Ulundi local municipality who challenged his recall by the governing party in the same high court.
Dubazane had argued in court that Nxumalo had no power to instruct the municipal manager, Sandile Khomo, to initiate his removal from office.
NEWS: Former ANC exco member in the IFP-led Zululand District Municipality, Khaya Khumalo is not giving up his fight to reclaim his seat in the decision making body. Khumalo has since filed court papers with the Pietermaritzburg High Court to have his dethroning set aside. @IOL pic.twitter.com/c4mwZYxv1d
— Sihle Mavuso (@ZANewsFlash) July 20, 2023
In court papers, Dubazane’s lawyer, Advocate Ndumiso Xulu argued that his client’s removal from the council was in contravention of the Local Government, Municipal Structures Act 117 of 1998.
The court ruled that the previous ruling stands until it has been set aside and gave some of the respondents in the matter until September1, 2023, to file their affidavits, if any.
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