Durban - The Pietermaritzburg High Court is on Friday set to hear an urgent application brought by a councillor of the ANC who is challenging his removal as an exco (executive committee) member in the Zululand district municipality.
Councillor Khaya Khumalo wants the decision to be reversed, telling the court that it was taken in contravention of the law and he was not given the required notice of 14 days.
This time around the respondents are the IFP-led Zululand district municipality and the council of the Zululand district municipality.
The ANC is not included.
Khumalo explained in the court papers that he tried to interdict the July 11, 2023 council sitting that dethroned him, but his application became moot when the judge only saw the papers after the council meeting had taken place and resolved to oust him through a motion of no confidence.
He further said in the way he was ousted, Speaker of the municipality, Daphney Memela did not follow the law.
NEWS: Former ANC exco member in the IFP-led Zululand District Municipality, Khaya Khumalo is not giving up his fight to reclaim his seat in the decision making body. Khumalo has since filed court papers with the Pietermaritzburg High Court to have his dethroning set aside. @IOL pic.twitter.com/c4mwZYxv1d
— Sihle Mavuso (@ZANewsFlash) July 20, 2023
He told the court that the matter is urgent as his salary will be affected and another councillor may end up taking his position.
The motion to remove Khumalo was filed by two other ANC councillors in the municipality, Mxolisi Zulu and Victor Dlamini.
That was after Khumalo refused to abide by a decision taken in April this year by the ANC in the Mzala Nxumalo (Zululand) region that he should vacate the position so that it could field Thokozani Sikhakhane, the deputy regional chairperson.
“I emphasize that I became aware of the intention to remove me as a member of the executive committee on Monday 10 July 2023 at about 16h00 when I received the agenda of the Special meeting of the council.
“I conclude this segment of my affidavit by emphasising that, I was not given prior notice by the Speaker of the Municipal Manager prior Monday 10 July 2023 that there is a motion to remove me as a member of the executive committee,” Khumalo said in a sworn affidavit which is part of his court papers.
Moreover, Khumalo said the method used to remove him was illegal as no voting took place, yet Memela gave his removal the green light, thus contravening the law.
He allegedly Memela asked whether any councillor was opposed to the motion, and he stood up and told her about the court case.
“I point out that after I had spoken no other councillor spoke.
“The Speaker declared that the motion therefore is adopted unanimously because there is no opposition to it.
“The Speaker did not call upon councillors to raise their hands to vote for the motion.
“This I believe is inconsistent with section 160 (3) (c) of the Constitution because there were no votes cast in support of the motion or a question which was before council,” he said.
He contends that Memela, the council Speaker, should have put the matter to a vote.
“I believe the Speaker had a duty to call for a vote and ascertain that the motion is passed by a majority of the councillors who were at the meeting. That was not done.
"Accordingly, the adoption of the motion without a vote and my subsequent removal, invalid. In short, on 11 July 2023 I was removed as a member of the executive committee without prior notice as required by section 53 (1) and also without any vote cast.”
It was not yet clear whether or not the municipality was going to oppose the application.
sihle.mavuso@inl.co.za
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