Durban - The KwaZulu-Natal Department of Cooperative Governance and Traditional Affairs (Cogta) says it will challenge the Pietermaritzburg High Court ruling that barred MEC Bongi Sithole-Moloi from convening a special council sitting of the Alfred Duma (Ladysmith) local municipality.
The department is arguing that it was not given sufficient time to file its papers and state its case why the sitting which was billed for Thursday (today) should not be set aside.
JUST IN: KZN COGTA says it will appeal the interim ruling of the Pietermaritzburg High Court which barred MEC Bongi Sithole-Moloi from convening a special council sitting of the Alfred Duma (Ladysmith) local municipality. The department lamented that it was given
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On Wednesday the department was left with egg on its face when the high court interdicted the MEC from proceeding with sending officials to convene the meeting where the ANC-EFF-ABC (Abantu Batho Congress) alliance was expected to table a vote of no confidence.
The court ruled that interested parties have until May 31 to show cause why the interim order should not be made final.
The urgent court application was lodged by the IFP-led municipality after Cogta announced a special sitting.
In the main, the municipality claimed that Sithole-Moloi was abusing her political powers, since neither the speaker nor the municipal manager had refused to convene the sitting.
In the end, the court granted them their wish by handing down the interim order which stopped the MEC dead in her tracks.
“The decision of the first respondent (Sithole-Moloi) to call, convene and chair a meeting of the second respondent in terms of section 29 (1A) of the Local Government Municipal Structures Act 117 of 1998, dated March 27, 2023 is hereby declared inconsistent with the Constitution and invalid.
“The decision of the MEC to call, convene and chair a meeting of second in terms of section 29(1A) of the Local Government Municipal Structures Act 117 of 1998 dated March 27, 2023, is hereby reviewed and set aside.
“The respondents are interdicted from proceeding with any council meeting convened by the first respondent in terms of the decision referred to above,” reads part of the interim court order.
The speaker of the municipality, Bhekinkosi Sithole, said the notice calling for a special council meeting by Cogta was done without following the correct due processes.
The municipality was then forced to apply for an urgent court order to stop the MEC from taking away the powers of the speaker and protect the will of the communities of Alfred Duma, he said.
“We fully understand how the MEC and the ruling party (ANC) are hungry for this municipality and they will do anything to illegally take control.
“The people of Alfred Duma trusted us, therefore we will serve in their best interest and ensure that service delivery is not disturbed by hungry individuals,“ Sithole said.
However, Cogta is not throwing in the towel, saying it will fight the ruling using all available legal avenues.
“The department still maintains that it is in the best interest of the municipality and its citizens for the council meeting to be convened.
“It is also disturbing that the department was not given sufficient time to prepare for the court proceedings yesterday, as the papers were only received a few hours before.
“The Municipal Structures Act and the Standing Rules of Council give the MEC the authority to call for a special council meeting when the municipality’s internal processes have failed.
“The department heavily relied on both when it decided to call for this special council.
“Of particular concern to the department is the date set by the court for the hearing of the case, which practically leaves the council in limbo for a good month.
“This means a prolonged period of disruption on decision making and subsequently service delivery to the people of this municipality.
“While the department respects the rule of law, it also intends to use the legal instruments available to it to challenge this judgement,” the department said in a statement on Thursday morning.
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