DURBAN - The DA is in the Pietermaritzburg High Court today as it is seeking a court order to compel the acting municipal manager of the uMngeni Local Municipality to call a council meeting to elect new leaders.
A council meeting to elect leaders collapsed last week due to irregularities.
In its court papers, it said it wants the court to direct the acting municipal manager, Sandile Buthelezi, named as the first respondent, to convene a council meeting by Monday where new leadership will be elected.
It also wants the court to prevent the suspended municipal manager, Thembeka Cibane, named as the fourth respondent, from interfering with that reconvened meeting in any way.
Cibane was suspended in August following an Special Investigating Unit report that raised numerous allegations against the municipality.
She tried to chair last week’s inaugural meeting, claiming her three-month suspension had lapsed. Cibane’s actions led to the collapse of the meeting, as the DA and the EFF deemed it irregular and walked out.
UMngeni Municipality, is the third respondent and the Department of Co-operative Governance is the fourth.The party is seeking no relief against these two parties unless they oppose its application.
In responding papers, Buthelezi, via his lawyers Siva Chetty, essentially say the DA has no right to pursue him as his term as an acting municipal manager expired on November 3.
He will oppose the DA application.
UMngeni mayor-elect Chris Pappas in his affidavit said each day that goes by that the acting municipal manager refuses to call the council meeting, the municipality was being “governed contrary to the expressed democratic will of the people of uMngeni and contrary to the Constitution”.
He warned that failure to set up the government places the municipality at risk of being taken over by the provincial government.
“The hard-fought battle for the DA, and the people of uMngeni, is at risk of provincial intervention. The calling of the first council meeting is time sensitive and has serious ramifications.
“There is ongoing democratic harm for as long as the DA cannot begin the business of local government in uMngeni because no mayor or deputy mayor can be appointed,” he said.
He also warned that the leadership vacuum could undermine service delivery and public confidence.
“UMngeni area was extremely hard-hit during the recent July riots and both lives and businesses were devastated. Given the volatile political climate, any delays in the election of the council's office-bearers and the commencement of a programme of service delivery will undermine the steps that have been taken since July to bring calm to the area and to restore a modicum of trust in local government,” Pappas said.
The paper also laid bare what the DA sees as Buthelezi’s ineptitude as acting municipal manager.
It said Cibane was suspended by the outgoing council on August 26 and as such her suspension would expire on November 25 and Buthelezi knew that.
“The legal representatives of the municipality advised Pappas, in your (Buthelezi) presence, that Cibane remained under suspension and was not entitled to be present at the meeting, let alone to preside.
“You were aware that Cibane was not allowed to be present in the hall, and was not permitted to preside over the meeting. You were aware that it was your obligation to preside over the meeting until a speaker had been elected,” it said.
Despite his obligations, the DA said Buthelezi failed to take any steps to preside over the meeting and facilitate the election of the political office-bearers.
“You failed to act to prevent Cibane's unlawful attendance in the council chamber or ensure she was removed after she made her appearance. This was a serious failure of your statutory obligations. It violated the constitutional rights of the citizens of uMngeni, and the rights of our clients,” it said.
Chetty, who is the attorney acting for Buthelezi, said they would oppose the application by the DA.
In the responding papers, it is stated that Buthelezi is a general manager for corporate services and as such is accountable to the municipal manager and obliged to comply with instructions from the municipal manager.
The responding papers dispute the DA’s version regarding the date of Cibane’s suspension and claim she was suspended on August 3, and therefore the suspension lapsed on November 3.
As such, it said, Buthelezi's acting appointment had also lapsed on November 3 and therefore he was not empowered with functions of a municipal manager.
Attempts to speak to Buthelezi were unsuccessful yesterday.
THE MERCURY