Durban — It seems there is a parallel leadership in Nongoma Local Municipality following the refusal of the IFP leaders to vacate office.
The IFP’s continuation to cling to power despite a Pietermaritzburg High Court ruling that placed the NFP-led coalition in power has angered Co-operative Governance and Traditional Affairs MEC Bongi Sithole-Moloi who has threatened the IFP with court action.
The MEC’s intervention was prompted by “former” IFP speaker, Bhekinkosi Zulu, who has called a council meeting for Wednesday.
In a statement issued by the MEC on Monday, she reminded the IFP that it had lost the case.
In a judgment delivered on June 15, the Pietermaritzburg High Court dismissed an application by the Nongoma Municipality and other relevant parties seeking to invalidate the election of office bearers during a special council sitting in February. As a result, the former leaders, including Cllr Zulu, are no longer legitimate holders of their respective positions.
“To ensure the smooth functioning of the municipality and in accordance with the powers granted to the MEC for Co-operative Governance and Traditional Affairs under the Municipal Structures Act, the department had to intervene. We met the municipality last week to explain the implications of the court judgment,” said the MEC.
She said despite this, it had come to her attention that Zulu continued to purport himself to be the Speaker and has even issued a notice for a full council meeting set for Wednesday.
“We wish to clarify that councillor Zulu is no longer the Speaker of Nongoma Municipality and has no authority to call a council meeting, therefore, he is requested to refrain from calling himself such. This behaviour is causing frustration among the public and fellow councillors. We appeal to all councillors and political parties involved to co-operate with the court’s decision. We acknowledge the right to appeal the judgment, but it is important to understand that the application for appeal does not invalidate the court decision,” said the MEC.
The MEC has also issued Zulu with a letter from her lawyers to warn him against continuing with a meeting or face court action.
Nongoma mayor Mangaqa Mncwango hit back, daring the MEC to go to court if she wanted to. He said he was still the mayor alongside Speaker Zulu and called on the MEC to seek legal advice.
Mncwango said the MEC was using her department to install her party in power.
“We knew she was going to destabilise municipalities under the IFP, but she must not use the department to do that. We received legal advice that since we have appealed the court ruling, the status quo remains.
“So, we don’t understand where the MEC got this advice that even when someone has appealed, the ruling still stands. If lawyers don’t agree on the interpretation we must go to court for clarity. But as long as the court has not told us to vacate office we are still in control. We wish to inform the public that there is a leadership vacuum. I am the mayor and Zulu is Speaker.”
Mncwango added that the full council meeting scheduled for Wednesday will sit as planned.
The ruling effectively meant the NFP’s Mshangane Ndabandaba, EFF’s Sabelo Nkosi and ANC Babongile Sithole were duly elected as mayor, Speaker and deputy mayor, respectively. The trio were elected at a special council convened via the MEC’s intervention in February. This was challenged by the IFP but the court ruled that meeting was legal.
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