Durban – The KwaZulu-Natal Department of Co-operative Governance and Traditional Affairs (Cogta) has scored another legal victory against the IFP leadership of Nongoma Local Municipality.
The Pietermaritzburg High Court has interdicted the IFP’s Prince Bheki Zulu from the from calling himself the Speaker and calling meetings.
Zulu has also been interdicted from preventing Babongile Sithole from doing her work as the Speaker and the police have been directed to enforce the order.
The urgent interdict by the department’s MEC, Bongi Sithole-Moloi, was applied for when it was learnt that Zulu had called a council meeting billed for Thursday.
JUST IN: KZN COGTA has scored another legal victory against the IFP leadership of Nongoma local municipality. The Pietermaritzburg High Court has interdicted Prince Bheki Zulu from the IFP from calling himself the Speaker and calling council meetings as such.
The department argued that Zulu and his party’s collective, including former mayor Albert Mncwango, had been dethroned a week earlier and they had no authority to call meetings.
According to the department, the new mayor is Clifford Mshangane Ndabandaba from the NFP, and the new Speaker is Babongile Sithole from, the ANC, as they were elected earlier this year.
Last week, the department gave Zulu an ultimatum to stop calling himself the Speaker, call off the meeting, and explain to the councillors that he is no longer the Speaker.
Zulu is alleged to have defied the order and the department dashed to court to interdict him and the court granted the wish.
“The First Respondent (Zulu) is hereby directed to desist forthwith from holding himself out to be the Speaker of the Nongoma Local Municipality and from purporting to act as such.
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“Zulu is interdicted and restrained from calling meetings of the council of the Nongoma Local Municipality and purporting to be doing so as the Speaker of the municipality.
“The notice of the meeting called by Zulu purporting to be the Speaker of the Nongoma Local Municipality for 29 June 2023 is hereby set aside and the meeting shall not proceed.
“Zulu is directed to desist forthwith from preventing or influencing others to prevent the Second Applicant (Sithole) from assuming the role of Speaker of the Nongoma Local Municipality, or otherwise by words or deeds undermining the right of Sithole to perform the functions of Speaker.”
The court ruled that the Third Respondent (Municipal manager M Zungu) and all Nongoma municipality officials to provide support to Sithole as the Speaker of the municipality.
It also directed Zungu to cease any actions that are intended or designed to undermine Sithole as Speaker or to cause or influence others to do so.
“Zungu is directed to facilitate Sithole’s appointment as Speaker by providing her with access to the office and all necessary facilities and by co-operating with Sithole to enable to fulfil his statutory duties at the Municipality,” the order said.
The South African Police Services was also ordered to ensure the order was executed.
The IFP leadership in has yet to comment, while the department said the matter was now settled and councillors must focus on working for the people of Nongoma.
Meanwhile, as the war of words continues between the department and the IFP over municipalities and their administration, the chairperson of the IFP in KwaZulu-Natal, Thami Ntuli, has lashed out at Sithole-Moloi.
Ntuli accused Sithole-Moloi of abusing her power and interfering in the administration of municipalities under the IFP.
“It is with great concern that we witness the continuous destructive tactics employed by MEC Sithole-Moloi in local municipalities under IFP governance.
“Just yesterday, she overstepped her boundaries by writing to the Speaker of Inkosi Mtubatuba Local Municipality, coercing the Speaker to convene a council meeting under the pretence of interpreting a recent court judgment on councillors.
“Has the MEC forgotten that the municipality has its own legal department, which is responsible for such matters?
“MEC Sithole-Moloi's interference is particularly notable following the ANC's explicit declaration to target Mtubatuba Municipality and to wrestle control from the IFP-led administration.
“It is evident that Sithole-Moloi is behaving as if her Department is an extension of the ANC, rather than an impartial government institution.
“Furthermore, she has been deploying her comrades as ineffective administrators in IFP-led municipalities, resulting in significant delays and frustrations in service delivery.
“The current incompetent administrator in charge at the IFP-led uThukela District, for instance, has displayed a lack of urgency in procuring chlorine to purify water for public consumption,” Ntuli alleged in a statement.
The Department has not yet responded to Ntuli's allegations.
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