Ladysmith - The much-anticipated special council sitting of the Uthukela District Municipality in Ladysmith has stalled again after a dispute arose over the participation of councillor Sihle Ngwenya.
The sitting was requested by the ANC-EFF alliance which intended to oust Mayor Inkosi Ntandoyenkosi Shabalala and Speaker Lihle Nqubuka who are both from the Inkatha Freedom Party (IFP).
They approached the KwaZulu-Natal Department of Cooperative Governance and Traditional Affairs (Cogta) to send a representative to convene it, alleging that Nqubuka was refusing to do so.
JUST IN: The special council sitting of the Uthukela district municipality has stalled again after dispute arose over the participation of councillor Sihle Ngwenya. The Pietermaritzburg High Court ruled that the sitting can only proceed if Ngwenya does not take part in it. @IOL
— Sihle Mavuso (@ZANewsFlash) May 12, 2023
Nqubuka disputed that by saying the motion was flawed, hence she could not use it to call the requested sitting.
The IFP-led district municipality insisted that Ngwenya was replaced by his party, the DA and he can’t take part in the sitting.
On the other hand, the representative sent by Cogta insists that he is still a councillor and eligible to take part and vote.
The municipality then took the matter to court on an urgent basis, challenging Ngwenya’s participation and it scored a victory.
On Friday the Pietermaritzburg High Court ruled that the meeting can only proceed if Ngwenya does not take part in it.
“It is ordered that: 1. The matter is adjourned sine die (indefinitely);
“2. The special council meeting called in terms of Section 29(1A) of the Municipal Structures Act. No. 117 of 1998 on the 12th May 2023, is hereby adjourned sine die;
“3. In the event that a special meeting is convened at the instance of the First Respondent, the First Respondent undertakes not to include the 6th Respondent (Ngwenya) as a participant at said meeting pending finalisation of this matter;
“4. The First and Sixth Respondents are directed to file their answering affidavits on or before 29th May 2023;
“5. The Applicant is directed to file her Replying Affidavit on or before 7th June 2023;
“6. The Parties are granted leave to approach the Senior Civil Judge of this division for an urgent preferent date for hearing;
“7. Costs Reserved.” the court ruled on Friday after the urgent application.
Cogta is yet to comment regarding the failure of its second attempt to convene the sitting. The first attempt was made last week.
Current Affairs