Court halts council election

SERVICE provision at the Nquthu Municipality has taken a back seat since the Pietermaritzburg High Court urgently stopped yesterday’s election of a new executive council pending the finalisation of a court case.

In dispute was whether EFF member Sinenhlanhla Petros Ntshangase could vote in the election of the municipality’s executive council, following his alleged resignation. He says he did not resign, but the party says otherwise.

No party won more than 50% of the votes in the municipality. The IFP had 15 seats, the ANC 14, the NFP two and the DA and EFF one each.

If the IFP, DA and EFF voted together they would have one more vote than the ANCNFP coalition.

The secretary-general of the EFF, Godrich Gardee, said in court papers that the EFF councillor might be said to be the “kingmaker” – the vote that decides whether the municipality would be run by the IFP or ANC.

Ntshangase was a PR councillor and he resigned. He could be replaced by the person whose name was below his on the candidate list, and was replaced by Ayanda Masondo.

After he had been replaced, Ntshangase went to the court and got an order setting aside Masondo’s appointment, with himself to replace her.

Yesterday, the EFF turned to the court for that order to be rescinded urgently because its effect was that Ntshangase could vote as a councillor.

Judge Sharmaine Balton said there were many disputes of facts in the matter, making it difficult for her to decide on the papers.

She adjourned the matter to October 6, but ordered that the meeting be stayed pending the outcome.

Unlawful

Gardee said Ntshangase resigned on August 11. His vote would be unlawful, which would mean he was permitted to undermine the democratic process through stealth.

He said the order Ntshangase had obtained had been beset with procedural irregularities. An example was that his replacement was not served with court papers.

“It is absolutely vital that the election of office bearers is not permitted to proceed when Ntshangase has been unlawfully reinstated into the municipality by a court notwithstanding his seat became vacant.”

Ntshangase’s argument, which went in his favour, included that the Government Gazette listed his name as councillor for the party and he had been sworn in as such with the other councillors.

After the inauguration, the council meeting continued and the municipal manager announced that Ntshangase had been replaced. No reason was given.

“I did not resign in writing or at all,” he said.

MEC for Co-operative Governance and Traditional Affairs Nomusa Dube-Ncube said it was disappointing that service provision hung in the balance.

“We have repeatedly urged the political parties represented in the Nquthu council to resolve this stalemate and we continue to urge them still,” she said.

She would engage with the parties to find a solution and appealed for “political maturity to prevail in these difficult circumstances for the benefit of the people of Nquthu, who rely on their municipality for the delivery of essential services”.

Dube-Ncube also said she would take legal opinion on the options available to her.