High Court ruling overturns IFP mayor's election in KZN municipality
ANC set to reclaim Amajuba District Municipality as court nullifies IFP mayor and deputy's election.
Image: ANC
THE ANC in KwaZulu-Natal is poised to take control of the IFP-led Amajuba District Municipality following a significant ruling by the Pietermaritzburg High Court, which nullified the election of both the mayor and deputy, who are members of the IFP.
On May 20, last year, the council elected Thembekile Mthembu as the new mayor and Shaka Sithole as the deputy. These positions became vacant after the IFP dismissed Prince Ndabuko Zulu from his role as mayor.
However, the ANC, along with a coalition of smaller parties, challenged this election in court. On Thursday, the court ruled that the meeting that elected the mayor and deputy was illegal, rendering their election null and void. The court also mandated the election of a new mayor and deputy.
"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 Judge Peter Bezuidenhout stated.
In the 29-seat council, the ANC holds nine seats and has established a working relationship with the EFF, which has four councillors. ActionSA contributes one councillor to the mix.
Conversely, the IFP has ten councillors and is relying on support from the DA, which has two councillors, to maintain its majority. Additionally, the political party Team Sugar SA has three councillors, who could provide a swing vote.
In a statement issued by the municipality, officials accepted the judgment, affirming their respect for the authority and 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," the statement read.
In their application, the ANC and its coalition partners argued that the meeting did not achieve a quorum, as only 14 councillors were present instead of the required 15. Furthermore, the ANC disputed the status of one Team Sugar councillor, claiming that the Independent Electoral Commission of South Africa did not recognise him.
The councillors from Team Sugar SA are divided, with some backing the ANC while others support the IFP.