The Amajuba District Municipality says it respects the Pietermaritzburg High Court ruling that set aside the election of IFP councillor Thembelihle Mthembu as Mayor and Isaac Shaka Sithole as Deputy Mayor. In response, it has appointed the invalid mayor as acting mayor.

The Witness reports the High Court has declared the May 20, 2025 council meeting — where the mayor and deputy mayor were elected — unlawful and invalid, with all decisions taken at that sitting.

The court found that the meeting was irregular and that councillors who had a right to attend were excluded.

The court challenge centred on a special council meeting held in May 2025 to elect a new mayor and deputy mayor after the previous mayor resigned in December 2024.

At the time, the deputy mayor was acting in the position.

According to court papers, a majority of councillors had petitioned the speaker to convene a special meeting to consider a motion of no confidence and to elect a new mayor.

The speaker did not call that meeting but later issued a notice for a special sitting to elect office-bearers, excluding the no-confidence motion.

During the meeting, conflict broke out after a councillor was removed from the register and replaced without proper procedure or IEC involvement.

Proceedings became chaotic and several councillors walked out.

Those councillors later said the meeting continued in another room in the same municipal building, where they were denied entry by police and could not participate, while remaining councillors proceeded with the election.

Last week, Judge Piet Bezuidenhout confirmed a rule nisi (a provisional court order that becomes permanent) granted in May last year after an application by 13 councillors against the municipality, its council, several councillors, political parties represented in council and the Electoral Commission of South Africa (IEC).

In a statement issued after the judgment, the municipality said it acknowledges and accepts the ruling.

“As a municipality, we respect the authority and independence of the judiciary and we remain committed to upholding the rule of law and the principles of democratic governance.”

The municipality confirmed that, following the judgment restoring the previous status quo, adding that Mthembu has resumed the role as acting mayor.

It said a special council meeting will be convened to formally consider the judgment and determine the next lawful steps.

“We wish to assure our residents and stakeholders that service delivery remains our top priority. The administration and council will continue to function effectively, ensuring that essential services are not disrupted during this period.”

Meanwhile, Team Sugar South Africa said it has raised concern about the municipality’s decision to allow Mthembu to resume duties as acting mayor following the judgment.

In a statement, the party argued that once the election was declared invalid, both the mayoral and deputy mayoral offices became vacant and any acting appointment should be made through a fresh council resolution in terms of the Municipal Structures Act 117 of 1998. The party has called on the minister and KZN MEC for Co-operative Governance and Traditional Affairs to intervene and ensure that an acting mayor is formally appointed and that a lawful election process is scheduled and monitored.

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