Ladysmith – The Pietermaritzburg High Court has ruled in favour of the IFP-led Alfred Duma (Ladysmith) local municipality by setting aside the special council sitting that was called KwaZulu-Natal Cogta MEC Bongi Sithole-Moloi.
The sitting was billed for Thursday.
On Wednesday, Sithole-Moloi was successfully interdicted 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, 2023 to show cause why the interim order should not be made final.
JUST IN: The Pietermaritzburg High Court has ruled in favour of the IFP-led Alfred Duma (Ladysmith) local municipality by setting aside the special council sitting which was called COGTA and was billed for Thursday. MEC Bongi Sithole-Moloi is interdicted from proceeding pic.twitter.com/rQ1AT32QnS
The urgent court application was lodged by the municipality after Cogta announced that the sitting would be held on Thursday.
In the main, the municipality claimed that Sithole-Moloi was abusing her 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 now stops 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 court order.
The speaker of the municipality, Bhekinkosi Sithole, said the notice calling for a special council meeting planned for March 30, 2023 by Cogta was done without following the correct due processes.
The municipality had 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 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.
The MEC and the department are yet to comment following the latest setback in court.
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