The Inkatha Freedom Party (IFP) led Zululand district municipality has once again tabled a motion to remove a Councillor of the ANC in its executive committee (exco) even though the Pietermaritzburg High Court ruled has halted that.
In an agenda circulated for a meeting to be held on 29 August 2023 in Ulundi, the matter to remove Khaya Khumalo is included as item number 7.
As part of motivating for the item, the council included a letter dated 7 July 2023 which came from two ANC councillors, Mxolisi Zulu and Victor Dlamini who asked for the motion to be tabled and acted upon later this month.
On August 1, 2023, Khumalo scored a court victory that halted his removal when the Pietermaritzburg high court ruled that he should be returned to his position and the respondents have until September 1, 2023, to show cause why the ruling should not be made final.
Khumalo dashed to the court after he was ousted through a vote of no confidence on July 11, 2023, which was initiated by his own colleagues (Zulu and Dlamini) after he refused to resign as instructed by Ntokozo Nxumalo, the regional secretary of the ANC in the Mzala Nxumalo region.
The party wanted his position in the decision-making body to be taken by Thokozani Sikhakhane, the deputy regional chairperson.
Khumalo tried to interdict the July 11 sitting, but it was overtaken by events as when his case came before a judge, it had already taken place.
He did not back down as he re-enrolled the matter and it was heard on 21 July 2023.
In those papers, Khumalo argued that the decision to remove him was taken in contravention of the law. He said he was not given the required notice of 14 days.
He further said that in the way he was ousted, the municipality Speaker Daphney Memela did not follow the law.
He told the court that the matter was urgent as his salary will be affected and another councillor may end up taking his position if the municipality is not interdicted.
Moreover, Khumalo said the method used to remove him was illegal as no voting took place.
He alleged that during the sitting where he was ousted, Memela, the Speaker of the council, asked whether any councillor was opposed to the motion to remove him. He said stood up and told her about the pending court case where he had filed papers, but Memela ignored that submission.
The municipality said it should be Zulu who should face questions over the inclusion of the item as he is the “mover of the motion.”
Khumalo has not yet indicated whether or not he will take the matter to court again and legally force the municipality to remove the matter from the agenda.
IOL Politics