Amajuba: Judge rules on Exco

2009-09-21 00:00

THE high court in Pietermaritzburg has ruled that the IFP-dominated Amajuba District Municipality in Newcastle is entitled to refuse to accept the ANC’s re-nomination of two councillors to its executive committee (Exco) after the councillors were earlier removed from that office.

Acting Judge Nigel Hollis handed down a reserved judgment on Friday in response to an application by former Local Government MEC Mike Mabuyakhulu for a declaratory order.

This follows a dispute in the district municipality since February 2008 over the ANC’s re-nomination of sitting councillors D.B. Mabuyakhulu and J.C.N. Khumalo, who had earlier been removed from the executive committee, although they were not removed as councillors.

Hollis found that section 43 of the Structures Act allows the municipal council to elect the members of its executive committee.

“This power is unqualified and it is entitled to reject the re-nomination of councillors … who have been removed from office.”

He said the ANC is entitled to nominate other councillors to represent it on the executive committee. This will allow the ANC and the interests of its voters to be fairly represented on the council. Should the ANC, however, choose not to nominate other candidates — for whatever reason — then that is also a decision it is entitled to make, the judge found.

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