DURBAN - A legal fight for the control of KwaZulu-Natal’s Mtubatuba Local Municipality between the IFP and the ANC has gone to court again.
Since the local government elections three months ago both parties have been in and out of court.
After a council meeting last week where the IFP grabbed power through a vote of no confidence, Co-operative Governance and Traditional Affairs MEC Sipho Hlomuka was not happy with how things unfolded and returned to court.
The MEC filed papers in the Pietermaritzburg High Court challenging the election of the IFP leadership on Friday.
Hlomuka said the voting was supposed to be secret, but this did not happen. Another argument he raised was that speaker Dipuo Ntuli was mysteriously removed from the virtual link as she attended virtually through Zoom.
Hlomuka said since the meeting was no longer being presided over by a speaker it became illegal.
IFP local leader Killer Mkhwanazi said his party filed responding affidavits on Monday and they were prepared to defend themselves in court.
“As of right now I am with our lawyers and we are preparing to fight the matter,” said Mkhwanazi.
The matter will be heard in the Pietermaritzburg High Court on Wednesday.
It was the third attempt last week for the council to elect leadership, which has been rejected by the losing party.
The inaugural council meeting on November 23 was marred by drama after the IFP councillors walked out.
It was after two of its councillors were locked out and prevented from rejoining the meeting after they had gone out.
With fewer seats, the ANC took advantage of the IFP’s absence and snatched the municipality but the IFP went to court, arguing that the meeting did not meet the quorum.
The court did not enrol the matter on an urgent basis and the IFP filed for the motion of no confidence but the speaker ignored the call.
The IFP went to court again and the judge ordered the speaker to call a meeting which eventually took place on January 12.
It was not without drama and this time the ANC boycotted it, arguing the meeting was illegal since it was not called by the speaker.
The MEC went to court to challenge the sitting and its results and the court set aside the new IFP leadership.
The court ordered the speaker to call a meeting again for parties to vote for a motion of no confidence.
The third meeting took place last week where IFP leadership that was elected on January 12 was re-elected but the ANC rejected it again.
Daily News