AbaQulusi loses court interdict against CoGTA

Lolo Madonsela

The High Court has dismissed the application with costs, where AbaQulusi Municipality applied for an order interdicting the Provincial Executive Council (PEC) decision to grant an administrator powers to initiate disciplinary proceedings against senior managers.
This follows back-and-forth court cases involving former Administrator Elphus Dladla and current Municipal Manager Bonga Ntanzi.
Dladla was appointed by MEC of CoGTA Sipho Hlomuka to intervene in the administration of the municipality following a number of allegations against the municipality. He then initiated disciplinary proceedings against Ntanzi that led to his (Ntanzi’s) suspension.
AbaQulusi Municipality, led by Acting Mayor Mncedisi Maphisa and Speaker Michael Khumalo, felt that Dladla had no powers to initiate disciplinary proceedings against any senior managers. It therefore took the matter to court to have Ntanzi reinstated in his position.
In March this year, Ntanzi returned to work after the court’s judgement concluded that his suspension had run its course and that he had become entitled to return to work a long time ago.
Following the impugned decision by the PEC on April 8, 2020 – which stated that the administrator can pursue disciplinary proceedings against a municipal manager – this decision amended the initial resolution for intervention by stipulating additional functions the administrator had to assume.

Also read: CoGTA to appeal Ntanzi’s reinstatement

MEC Hlomuka issued a notice on April 17, 2020, advising the municipality that the initial resolution had been amended, where the municipality had argued the authority of the administrator to suspend the municipal manager.
Mayor Maphisa said that, “We note the outcome of the courts with great sadness, as the current situation within our municipality is not favourable to the people and the current actions of the department are not aiding us in any way towards our primary goal, which is to ensure the efficient and effective delivery of services to the people.
“We are waiting for the matter to be heard by the courts, as this outcome was on the basis of us applying for urgent attention on the matter, which the courts have not deemed fit and will still listen to the matter and provide a clear outcome that will provide a way forward for the administrative functions of the municipality.
“I, however, wish to state that even though the outcome has stated that which it has, all municipal operations will continue to function as per the norm and we will continue to ensure that the ongoing legal battles do not affect our day-to-day operations. We will manage the dynamics of the court outcome with utmost scrutiny and ensure that all the actions and decisions taken will be for the sole benefit of our citizens and will not hinder any delivery of services to the people.”
The ANC in the Mzala Nxumalo Region welcomed the court’s ruling, saying that the ruling dismisses the municipality’s application and paves the way for disciplinary processes to begin against Ntanzi.
ANC Regional Secretary Zakes Buthelezi said, “As the ANC, we would like to see this matter being dealt with promptly and we would like to implore the IFP-led coalition to desist from persistently trying to hamper the disciplinary process. We uphold the principle of “innocent until proven otherwise”, but indeed we worry that such elaborate and at times contemptuous attempts to avoid charges point to a deeper rot in that municipality.
“We further urge council to consider charging the speaker and the acting mayor under schedule 1 (Code of Conduct for Municipal Councillors) for impeding Council from exercising its mandate. Litigation of this nature comes at extremely exorbitant costs and it is our belief, as the ANC, that councillors involved in taking frivolous resolutions to contest CoGTA powers must pay for this wasteful expenditure that could have been channelled into service delivery.
“The ANC would like to have these allegations done and dusted to allow the municipality to focus on its constitutional mandate of providing services to the people of AbaQulusi and creating conditions for the welfare and prosperity of its citizens.”

Make sure you follow us on our social media platforms for regular updates