uMkhanyakude Municipality disputes Cogta's court ruling interpretation
Image: Supplied
The uMkhanyakude District Municipality has accused KwaZulu-Natal Cooperative Governance and Traditional Affairs (Cogta) MEC Reverend Thulasizwe Buthelezi of misleading the public about a recent Pietermaritzburg High Court ruling. The municipality asserts that the judgement did not confirm the provincial intervention into the municipality.
This follows a media statement issued by MEC Buthelezi on Saturday, stating that the court had upheld the decision to place the municipality under administration in terms of Section 139(1)(b) of the Constitution.
In a statement issued the following day, the municipality said, 'The court has reserved its judgment on the matter regarding MEC Thulasizwe Buthelezi's decision to place uMkhanyakude District Municipality under administration, meaning that no final decision has been made.'
MEC Buthelezi welcomed the ruling, describing it as a victory for the rule of law. 'This judgment reaffirms the authority of Mr Bamba Ndwandwe as the Administrator,' he said. He further urged the Mayor to ensure the gates of the municipality were opened so that the Administrator could assume his duties and restore normal operations.
However, uMkhanyakude officials dismissed this interpretation, stating that the court's order dealt specifically with an application by the South African Municipal Workers Union (SAMWU) to compel the payment of salaries. 'That matter talks to employees' salaries only, not the intervention,' said Municipal Speaker Solomon Mkhombo.
According to the municipality, the court instructed the Municipal Manager, together with Cogta to process the July salaries but made no final ruling on the legality of the provincial government's intervention.
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Mkhombo stated that the municipality's legal team argued the intervention was politically motivated and constitutionally flawed. 'Cogta is using Section 139(1)(b)... for political reasons, known by MEC Buthelezi,' he said, adding that the department's legal representative admitted in court that not all due processes were followed before initiating the intervention.
The municipality also criticised the freezing of its bank account by Cogta and its financial institution, calling it 'illegal' and praising the court for siding with employees in ensuring payment of salaries.
'The High Court reserved its judgment and Mr. Bamba Ndwandwe, the imposed administrator, is not the Administrator; hence the matter is still in court,' said Mkhombo.
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