DURBAN - The IFP claimed round one victory in its legal battle against the ANC over control of Mtubatuba Local Municipality in KwaZulu-Natal.
This comes after the Pietermaritzburg High Court reserved judgment this week but did not interdict the party leadership that was elected last week. The municipality is situated within the uMkhanyakude District Municipality in northern KZN.
IFP local leader Killer Mkhwanazi said his party had won because the court reserved the judgment but did not interdict the leadership that was elected, which meant mayor Mxolisi Mthethwa and his officials were still in control of the municipality.
In a council meeting last week, the IFP and its alliance partners, the EFF and DA, re-elected Mthethwa as mayor while the EFF’s Nothile Mthethwa retained the deputy mayoral position. Sibongile Mthethwa-Shezi returned to her previous position as speaker.
Mkhwanazi said that the court did not “entertain” the interdict application by Cooperative Governance and Traditional Affairs (Cogta) MEC Sipho Hlomuka. He said the IFP would continue with programmes in progress while waiting for the judgment.
After a council meeting last week, the IFP took control of the municipality through a vote of no confidence. Hlomuka filed papers in the Pietermaritzburg High Court challenging the election of the IFP leadership on Friday last week.
Hlomuka said the voting was supposed to be secret, but this did not happen. Another argument he raised was that speaker Dipuo Ntuli was removed from the virtual link as she attended via Zoom.
Hlomuka said since the meeting was no longer being presided over by a speaker, it became illegal.
It was the third attempt last week for the council to elect a leadership, which has been rejected by the losing party.
The inaugural council meeting on November 23 was marred by drama after the IFP councillors walked out when two of the party’s councillors were locked out and prevented from rejoining the meeting.
With fewer seats, the ANC took advantage of the IFP’s absence and snatched the municipality but the IFP went to court, arguing that the meeting did not meet the quorum.
The court did not enrol the matter on an urgent basis and the IFP filed for a motion of no confidence but the speaker ignored the call.
The IFP went to court again and the judge ordered the speaker to call a meeting which eventually took place on January 12.
It was not without drama – this time the ANC boycotted it arguing the meeting was illegal since it was not called by the speaker.
The MEC went to court to challenge the sitting and its results and the court set aside the new IFP leadership.
The court ordered the speaker to call a meeting again for parties to vote in a motion of no confidence.
Daily News