Ex-mayor asks court to delay by-election

2008-07-10 00:00

Former IFP councillor and mayor of Emadlangeni (Utrecht) Municipality, Mabhutana Elphus Khoza, has brought an urgent application in the high court in Pietermaritzburg seeking to delay a by-election in his former ward, scheduled for July 16.

Khoza has also asked the court to grant an interim order setting aside a decision taken by the KwaZulu-Natal cabinet on May 14 to remove him from office, as well as the cabinet’s decision on August 22 last year suspending him as a councillor.

The interim order would be effective pending the final outcome of his application to the high court to review the August suspension, the appointment of a committee to investigate allegations against him and the committee’s findings that he was guilty on two counts, which led to his removal from office on May 14.

Judge David Ntshangase said after hearing arguments yesterday that he will do his best to give a judgment on the urgent application by Monday or Tuesday.

Khoza said he has been a councillor since 1996 and mayor since 2006.

He has been the subject of accusations of misconduct since late 2006, which also led to his suspension at that time.

The decision to remove him from office in May was based on the findings of the committee that Khoza “unlawfully allocated sites to the community of Groenvlei … in contravention of the MEC’s directive of August 18, 2005”, and a second charge that he made a fraudulent subsistence and travel claim for R254,07.

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