Umzinyathi Mayor Ngubane in Dundee district avoids being dismissed following court ruling
Mayor Ngubane has survived several attempts to have him ousted from office.
Umzinyathi Mayor, Petros Ngubane, will not be losing his mayoral chain yet. The Pietermaritzburg High Court has granted temporary relief to the eight dismissed councillors from Umovti municipality one of which was Ngubane.
Ngubane is an Umovti councillor and seconded by the IFP to serve as Umzinyathi District Municipality mayor.
The MEC for Co-operative Governance and Traditional Affairs, Cogta, Bongiwe Sithole-Moloi, as first respondent to the urgent application brought by Ngubane, the Umvoti municipal manager and the Independent Electoral Commission, IEC, have until November 10 to submit reasons for the removal of the councillors and the proposition to hold by-elections to have them replaced.
The councillors were dismissed after they were accused of being absent from council meetings and/or walking out of meetings on three separate occasions.
The applicants asked the court to interdict any actions to call or hold by-elections and to instruct both the speaker and municipal manager to ensure all eight councillors were given proper notice to attend future council meetings and not be barred from doing so.
Judge Bezuidenthout said in his ruling that the first respondent, MEC Sithole-Moloi issued a letter dismissing the Councillors on September 18 although she had appointed an investigating committee.
The Judge found this flawed as the MEC made the decision to dismiss before the committee could properly investigate the allegations.
The respondents argued that the matter should be struck off the court’s roll as it was not urgent. However, Judge Bezuidenhout disagreed, ruling that should the IEC commence with the by-election process following the expulsion of the councillors, it would result in fruitless expenditure.
Ngubane was represented by Mr Moodley SC of Kathy James Attorneys and the respondents by Messers Pammenter and Mbonene, instructed by Xaba Attorneys.
Responding to the court decision that will see him continue as District Mayor, Ngubane said ‘it is with humility that we received the judgments in our favour.’
“This is not our victory but a victory for His Royal Highness, Late Prince Mangosuthu Buthelezi-MP.
“We wish to thank our legal teams, who worked very hard to provide necessary skills to this matter.
“Further thanks goes to all the people of goodwill starting from the members of the family of KwaPhindangene and IFP leadership and supporters.”
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