IFP appeal dismissed

BOTH the ANC and IFP in Mtubatuba have said they are ready to return to council chambers to elect new leaders at the municipality.

This after the Supreme Court of Appeal (SCA) on Tuesday dismissed the IFP’s appeal against a Pietermaritzburg High Court ruling of 22 February.

This had found the election of the IFP leadership on 2 February to be ‘irregular’, and decisions and resolutions taken on the day invalid.

This included the appointment of then acting municipal manager (MM) Thamisanqa Xulu to chair the special council meeting after then Speaker Dipuo Ntuli was muted from the virtual sitting for being ‘disruptive’.

This also included the subsequent appointment of Mxolisi Mthethwa as mayor, Nothile Mthethwa as his deputy and Sibongile Shezi as council speaker.

While the court declared the meeting had been properly convened, all decisions and resolutions taken on the day were deemed invalid, and set aside.

The Applicant in the matter, Cooperative Governance and Traditional Affairs (Cogta) MEC Sipho Hlomuka, was directed to call a meeting within four days for the tabling of a vote of no confidence in Ntuli, Mthethwa’s predecessor, Mbongeleni Gina and the latter’s deputy Ntokozo Mlungwana, who were elected at the council’s inaugural meeting on 23 November.

The IFP appealed this ruling, which the Pietermaritzburg High Court dismissed.

The party approached the SCA, which also dismissed the appeal ‘on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason an appeal should be heard’.

The ANC’s Mfana Gumede said his party was ready to go back to chamber and added that ‘if the IFP has the majority numbers, it should take over but by following proper procedures’.

On Wednesday morning, Gumede said he was meeting with Xulu, who has since been appointed as MM, to discuss the way forward.

The IFP’s Killer Mkhwanazi said his party would not approach the Constitutional Court, and that the Pietermaritzburg High Court ruling stands.

However, he said the order to convene a council meeting was superseded by an 11 April ruling by the same court, which declared Ntuli’s appointment on 23 November, as well as all decisions taken on the day, invalid. These decisions include Gina's and Mlungwana's appointments.

This ruling relates to the IFP’s court bid challenging the validity of the 23 November inaugural sitting.

‘That means there is no leadership in Mtubatuba, but there is an

MM who has a contract with the municipality, and that is Xulu. So right now, the ball is in Xulu’s court.

‘We are ready to go back to the chamber to elect leaders and put an end to all the problems in Mtubatuba,’ Mkhwanazi said.

He said Xulu had not given any direction as to what would transpire.