Second ANC High Court bid suffers setback
ANC councillors in the City of uMhlathuze suffered a second big blow when the Pietermaritzburg High Court dismissed with costs the urgency of their court bid to challenge the legitimacy of the city’s political office bearers.
They filed the application in the High Court earlier this month, and the matter was heard on Tuesday.
The ANC caucus is challenging the election process of council speaker, mayor, deputy mayor and the executive committee, and seeks to have the appointments declared ‘unlawful’.
The High Court ruled that the matter was not urgent, and it was adjourned sine die (without assigning a day for a further hearing). The applicants were ordered to pay the legal costs of the postponement.
This comes just days after the ANC councillors' first urgent court application to nullify the appointment of the deputy municipal manager for infrastructure was dismissed with costs, which was also declared not urgent.
The IFP, EFF and DA, as well as various individuals including uMhlathuze municipal manager Lulamile Mapholoba, were cited among 50 respondents in the court bid. ANC councillors also sought to set aside the election of the council whip and representatives to serve on the King Cetshwayo district council.
In court papers seen by the ZO, the caucus urges the High Court to order the ‘municipal council to be reconstituted and reconvened for the sole purpose of conducting a lawful election’.
The application comes after the caucus expressed dissatisfaction with the voting process for the election of speaker during the first sitting of council in November following the local government elections.