Greytown – The Abantu Batho Congress (ABC) has threatened to go to court to apply for the jailing of the Speaker of Umvoti Local Municipality in KwaZulu-Natal over her alleged refusal to call a special council sitting to debate a motion of no confidence against Mayor Gabriel Malembe and the chief whip.
The party of Philani PG Mavundla, said Speaker Thando Dlamini from the IFP is in contempt of the Pietermaritzburg High Court that ruled that the sitting should be called on an urgent basis.
The motion was brought by ABC councillor, Lindokuhle Zondi, but the Speaker never called it.
NEWS: Here is how parties seat allocations currently look like at Umvoti (Greytown) local municipality in KZN where there are by-elections later this week. ANC – 9, ABC – 7, IFP – 9, DA – 1 and there is 1 vacant seat (Ward 2 – by-elections this week). @
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Zondi then went to court to get a compelling order and won.
However, Dlamini and the municipality appealed the ruling, prompting Zondi to go back and file another application.
On Wednesday last week, the high court said the matter is adjourned “‘sine die” (without assigning a day for a further meeting or hearing).
The secretary-general of the ABC, Phumelele Phahla, said the court order has not been complied with by Dlamini.
“In this application, the Speaker of the municipality was directed by the court to hold a council meeting where motions of no confidence in her, the mayor and the chief whip would be tabled.
“To date, this court order has not been complied with. Instead, another application had to be brought in order to compel the Speaker to comply with the Constitutional and statutory duties.
“This subsequent application was resolved by way of a consent order, meaning that the Speaker agreed with Mr Zondi that the meeting will be held.
“However, just before the date of the meeting, the Speaker mischievously filed a notice for leave to appeal both orders.
“This move could only be seen as a desperate delay tactic to avoid the council sitting.
“The law, however, cannot be manipulated by chance-takers and criminals as is evident by this court ruling on Wednesday, where the court extended the rule in respect of the April order.
“This means that the Speaker is once again compelled to call a meeting as a matter of urgency because the time stipulated in the order has lapsed.
“In light of these developments, the ABC will once again be forced to approach the court if the meeting is not held as directed.
“We hope all parties involved will co-operate to ensure the execution of justice and the respect of our hard-fought democracy,” Phahla said.
The spokesperson of the municipality, Phindile Phungula, denied Phahla’s claims on Tuesday.
“The Speaker has no intention not to call council meetings.
“She has called meetings on May 15, 2023 and on May 30, 2023 and decision was made that the next meeting be called on June 8, 2023. This meeting was called, but the members of the other political parties did not attend.
“Instead, they tendered their apologies.
“With regards to the statement made on the outcome of the high court case, the Speaker will study the judgment,” Phungula said.
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