Court nullifies election of IFP mayor and deputy in KZN municipality
The ANC in KwaZulu-Natal could take the IFP-led Amajuba District Municipality following a Pietermaritzburg High Court ruling that nullified the election of the mayor and deputy – both IFP members.
On 20 May last year, the council elected Thembekile Mthembu as the new mayor and Shaka Sithole as the deputy . The positions became vacant after the IFP fired Prince Ndabuko Zulu as a mayor.
However, the ANC and a coalition of small parties took the matter to court and on Thursday the court ruled that the meeting that elected the mayor and deputy was illegal and their election is null and void. The court also ordered the election of a new mayor and deputy.
In his ruling, Judge Peter Bezuidenhout said the applicants had a case and he ruled in their favour.
“Having considered all the issues, the argument by the respective parties representatives, their heads of argument and the cases, I am satisfied that applicants have made out a case for the Rule nisi to be confirmed,” said Bezuidenhout.
In the 29 seat-council, the ANC has nine seats and it has a working relationship with EFF with four councillors, while ActionSA has one councillor. The IFP on the other hand has 10 councillors and is banking on the DA (2) to give it majority support. Political party Team Sugar SA has three councillors and can provide a swing vote.
In a statement issued by the municipality, it accepted the judgment, saying that it respects the authority and the independence of the judiciary.
“While the outcome presents challenges, it also provides an opportunity to reaffirm our dedication to transparency, accountability and proper procedure in all matters of the council,” read the statement.
In their application, the ANC and its coalition partners had argued that the meeting did not form a quorum as there were 14 councillors present, instead of 15. Secondly, the ANC disputed the status of one Team Sugar councillor whom it said was not recognised by the Independent Electoral Commission of South Africa.
Team Sugar SA ‘s councillors are split, either backing the ANC or the IFP.
willem.phungula@inl.co.za