Durban - The IFP mayor of Nongoma local municipality, Albert Mncwango, has fired back at the KwaZulu-Natal Cooperative Governance and Traditional Affairs MEC, Bongi Sithole-Moloi, for sending an official to convene a special council meeting, threatening her with legal action if she goes ahead amid the dispute.
The MEC’s directive was on the basis that the speaker, Prince Bheki Zulu, and the municipal manager refused to do so when they were petitioned by ANC and NFP councillors last week.
An irate Mncwango scoffed at the MEC, saying she was abusing her authority to benefit her party, the ANC, and they would use all means available to resist what she called “an unlawful infringement” by the department.
UPDATE: The IFP mayor of Nongoma, Albert Mncwango, has fired back at the KZN COGTA MEC, Bongi Sithole-Moloi, for sending an official to convene a special council meeting on Monday. This is on the basis that the Speaker, Prince Bheki Zulu and Municipal Manager refused to do so.
— Sihle Mavuso (@ZANewsFlash) February 16, 2023
He was responding to a letter by Sithole-Moloi on Wednesday which empowered P. Khathide, a deputy director general from Cogta, to go to Nongoma on Monday and convene the special sitting.
Sithole-Moloi said evidence presented to her showed that the Speaker and the Municipal Manager failed to execute their lawful duties.
“Having considered all the documents and applicable legislation, I am satisfied that the Speaker and Municipal Manager have refused to comply with the requirements of Section 29(1A) of the Act.
“I have, therefore, elected to designate Mr M P Khathide, Deputy Director-General for Local Government, who will convene and chair the meeting of the municipal council to consider matters tabled in the motions”, Sithole-Moloi stated.
Mncwango fired back at Sithole-Moloi, saying she relied on one side and her actions were meant to aid her party.
“At the outset, allow me to state that your biased political approach to favour the members of your party will not be accepted.
“It is absolutely shocking that you will take such a decision based on a one-sided report emanating from your members in the Nongoma Municipal Council.
“It is astounding that you have taken such a step without even bothering to ascertain the pertinent facts.
“It is recorded that the Speaker has not refused a legitimate request, signed by the majority of councillors, to call a meeting. He has merely upheld the Rule of Law and rejected legally defective and flawed documents.
“A Speaker has no legal obligation to empower political parties on the legal framework that governs the sphere of local government. Political parties should consult their own legal resources if necessary.
“There are indeed valid and legitimate reasons for rejecting the documents which were received by my office.
“It is recorded that you have not even made an attempt to establish what such reasons are. You have merely leapt into the fray to satisfy your local party members.
“This constitutes an abuse of executive power on your part, an abuse of provincial government resources for your own political gain and an unlawful infringement by your sphere of government within another sphere of government.
“Surely, you should have directed your officials to engage with the municipality to establish pertinent facts related to this matter,”’ Mncwango said in a letter seen by IOL.
Mncwango added that they would be declaring a dispute using the intergovernmental relations framework put in place to govern interactions between national, provincial and local government spheres.
“Accordingly, in addition to all other measures being taken, a formal dispute is hereby declared in terms of Section 41(1) of the Intergovernmental Relations Framework Act and the Minister: Cogta will be requested to mediate the dispute, in terms of Section 42(3) (c) of the Intergovernmental Relations Framework Act.
“The Minister will be advised of this dispute and your unlawful and abusive behaviour, which does not belong in a democratic state. In addition, the NCOP will be requested to investigate your abuse of executive power in keeping with their oversight role in this respect.
“You are requested to keep your current directives in abeyance, pending the formal process to resolve the formal current dispute which has now been declared with your Office.
“Kindly rest assured that your hasty and unlawful decision to convene a meeting of my council will be resisted with all the means at our disposal.
“You are urged to take the time to establish the facts of this matter prior to any further action.
“You are further advised to inform your officials that they may not proceed on your ill-advised instructions. Accordingly, you are advised to withdraw all of your ill-conceived directives in respect of this matter.
“Should we not receive your favourable response by 9:00 Friday, 17 February 2023, we shall take advice on approaching the high court on an urgent basis to seek the necessary relief,” Mncwango threatened.
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