Lone star files urgent application to have council dissolved after threats by MEC
Papers for an urgent High Court application to interdict striking municipal employees from further strike action was served yesterday on a string of recipients, including the municipality, its striking employees, the local SAPS, Cooperative Governance MEC Mandla Ndlovu, Mayor Mhlonishwa Masilela, Acting Municipal Manager Ms Thokozile Zulu and councillors.
The matter has been set down to be heard on September 6.
The application, brought by local attorney Andre Brandmuller, seeks to interdict employees from continuing with the unlawful strike, and more importantly, from intimidating and victimising employees who do not wish to participate in the strike, residents who mobilise to render discontinued services, as well as municipal database contractors who assist in the absence of municipal employees.
It further seeks an order for the municipality to resume rendering services.
Mr Brandmuller has also petitioned the High Court to compel MEC Ndlovu to dissolve council and appoint two administrators in consultation with organised business and labour, to run the municipality until by-elections can be arranged, or the next local government elections are called.
Councillors noted a strict warning by the MEC on Friday, during a special council sitting, during which opposition parties voted against an interim municipal manager seconded by Mr Ndlovu, that all legislative powers would be invoked in order to restore municipal functioning, including administrative takeover by the province.
Councillors have all decried Mr Brandmuller’s previous call for council to be dissolved, and have subsequently turned their backs on a once trusted adviser, who was one of the main drivers of instituting South Africa’s first ever democratically elected, non-racial council on home soil.
The interdict further seeks to light a cracker under a passive SAPS, to enforce the orders as requested.
Mr Brandmuller cut no corners with the voluminous application, and respondents have until today to file notices of intention to oppose, and until tomorrow to file opposing affidavits, after which Mr Brandmuller, through his acting representatives Kruger and Bekker Attorneys, will formally reply by Thursday.
The matter has provisionally been placed on the roll for next Tuesday.
Supporting materials include some of Mr Brandmuller’s own accounts, which clearly state that they have been estimated well over the three months allowed.
Mr Brandmuller has also not been idle, following his first open letter to MEC Ndlovu to dissolve council on June 28.
During the period up to now, he’s been involved in a number of meetings, on request, of among others, councillors, Ms Zulu, as well as the employees.
Mr Brandmuller alluded to possessing a string of WhatsApp messages, most notably from fearful employees who’ve been threatened and intimidated not to work by striking colleagues.
In order to protect them from harm, the messages were not included in the filing.
