The Umvoti (Greytown) municipality says it will respect a court ruling setting aside a decision to axe eight IFP councillors because they did not attend council meetings.
The court action was launched by Petros Ngubane, Umzinyathi district municipality mayor, Gabriel Malembe, the former IFP mayor of Umvoti, and Noluthando Dlamini, Mbongiseni Dlamini, Vincent Zondi, Vukani Gwala, Lindokuhle Zondi and Mbuyiseni Majozi after their expulsion in July 2023.
In October they successfully obtained an interim interdict overturning their expulsion.
Pietermaritzburg high court Judge Pieter Bezuidenhout said the process leading to the decision was procedurally unfair.
He said Umvoti mayor Philani Mavundla should not have sat in a special rules and ethics committee, which recommended the expulsion of the councillors by KwaZulu-Natal co-operative governance and traditional affairs MEC Bongiwe Sithole-Moloi, because Mavundla had initially laid a complaint against them.
They had also not been given the right to make further submissions to the MEC before they were expelled.
Umvoti municipality IFP councillors reinstated by court
Image: Sandile Ndlovu
The Umvoti (Greytown) municipality says it will respect a court ruling setting aside a decision to axe eight IFP councillors because they did not attend council meetings.
The court action was launched by Petros Ngubane, Umzinyathi district municipality mayor, Gabriel Malembe, the former IFP mayor of Umvoti, and Noluthando Dlamini, Mbongiseni Dlamini, Vincent Zondi, Vukani Gwala, Lindokuhle Zondi and Mbuyiseni Majozi after their expulsion in July 2023.
In October they successfully obtained an interim interdict overturning their expulsion.
Pietermaritzburg high court Judge Pieter Bezuidenhout said the process leading to the decision was procedurally unfair.
He said Umvoti mayor Philani Mavundla should not have sat in a special rules and ethics committee, which recommended the expulsion of the councillors by KwaZulu-Natal co-operative governance and traditional affairs MEC Bongiwe Sithole-Moloi, because Mavundla had initially laid a complaint against them.
They had also not been given the right to make further submissions to the MEC before they were expelled.
Philani Mavundla is the mayor of Umvoti again
In granting the interim relief staying their expulsion, the judge said they were likely to succeed in their bid for a final order.
He also prohibited the municipality from holding by-elections to replace them.
The matter came back to court on November 10 when a final order was granted.
The municipality said it “accepts and respects the outcome of the high court ruling in as far as it relates to the issues presented to the court by the applicants”.
“Having accepted this, Umvoti municipality remains of the firm view that the councillors in question staged a walkout of two and were absent from two other meetings.
“The said IFP councillors were absent from four council meetings, which is a direct contravention of the code of conduct for councillors and the standing rules of council which are clear on what the procedures are pertaining to absenteeism.”
The municipality said councillors are expected to render a formal apology if they are unable to attend a council meeting, which the IFP failed to do on several occasions.
The municipality said there would be further deliberations on the court ruling at the next sitting of the rules and ethics committee meeting.
TimesLIVE
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