Sacked ANC Mbizana councillors who turned to the Mthatha High Court hoping to compel the council to reinstate them have failed.
Judge Buyiswa Majiki dismissed their application with costs yesterday.
The 13 councillors, aligned to the SACP, were fired last month after they registered with the Electoral Commission as independent candidates for next month’s municipal poll.
The SACP in the Alfred Nzo district shocked many when the party announced earlier this year it would field candidates for the August 3 elections to go head-to-head with its alliance partner, the ANC.
In a letter dated June 30, ANC provincial secretary Oscar Mabuyane wrote that the 13 had expelled themselves by registering either as independent candidates or with other parties. “The ANC therefore hereby officially informs you that you have been withdrawn as an ANC councillor within the municipal council with immediate effect,” he told the 13 and the party’s chief whip in the council.
In his letter implementing Mabuyane’s decision, municipal manager Luvuyo Mahlaka said from July 1 they were “no longer a councillor of Mbizana local municipality”.
The 13 councillors took the municipality, Mahlaka, the ANC and Mabuyane to court, hoping to be reinstated until their term lapsed after the elections.
The 13 are Mfanafuthi Thukwana, Andiswa Ngubo, Wiggett Diya, Mzaneno Xesibe, Nokwanele Mteki, Ntombi Sibutha, Zandisile Mqolwana, Nomonde Kwelemtini, Falithenjwa Matekana, Bekwa Matshoba, Nonkosi Mafuya, Fanelekile Mjoli and Nontobeko Madikizela.
Their advocate, Nkosinathi Hinana, argued in court that proper processes were not followed in their dismissal. He said none of his clients went through a disciplinary hearing and Mahlaka had acted only on Mabuyane’s instruction.
He wanted Majiki to consider an application for review, which they hoped would be enough to set aside the dismissal. The application for review papers was sent to the defendants’ attorneys, NZ Mtshabe Inc on Wednesday.
Advocate Ntsikelelo Mtshabe told the court the 10 days they had been given by the applicants were not up and the application for review papers was not yet with the municipality.
In her judgment, Majiki said she could not rule on an application for review that was not before the court.
“When I look at the notice of motion, all the prayers that the applicants came to court to seek were directed and dependent on the application proceedings.
“And with that having come and gone, then there would be nothing that remains and I have no alternative but to dismiss the applicants’ application with costs.”
Hinana said he would consult with the fired councillors. “Then we can take it further.”
Mbizana’s rebel 13 to remain fired says court
Sacked ANC Mbizana councillors who turned to the Mthatha High Court hoping to compel the council to reinstate them have failed.
Judge Buyiswa Majiki dismissed their application with costs yesterday.
The 13 councillors, aligned to the SACP, were fired last month after they registered with the Electoral Commission as independent candidates for next month’s municipal poll.
The SACP in the Alfred Nzo district shocked many when the party announced earlier this year it would field candidates for the August 3 elections to go head-to-head with its alliance partner, the ANC.
In a letter dated June 30, ANC provincial secretary Oscar Mabuyane wrote that the 13 had expelled themselves by registering either as independent candidates or with other parties. “The ANC therefore hereby officially informs you that you have been withdrawn as an ANC councillor within the municipal council with immediate effect,” he told the 13 and the party’s chief whip in the council.
In his letter implementing Mabuyane’s decision, municipal manager Luvuyo Mahlaka said from July 1 they were “no longer a councillor of Mbizana local municipality”.
The 13 councillors took the municipality, Mahlaka, the ANC and Mabuyane to court, hoping to be reinstated until their term lapsed after the elections.
The 13 are Mfanafuthi Thukwana, Andiswa Ngubo, Wiggett Diya, Mzaneno Xesibe, Nokwanele Mteki, Ntombi Sibutha, Zandisile Mqolwana, Nomonde Kwelemtini, Falithenjwa Matekana, Bekwa Matshoba, Nonkosi Mafuya, Fanelekile Mjoli and Nontobeko Madikizela.
Their advocate, Nkosinathi Hinana, argued in court that proper processes were not followed in their dismissal. He said none of his clients went through a disciplinary hearing and Mahlaka had acted only on Mabuyane’s instruction.
He wanted Majiki to consider an application for review, which they hoped would be enough to set aside the dismissal. The application for review papers was sent to the defendants’ attorneys, NZ Mtshabe Inc on Wednesday.
Advocate Ntsikelelo Mtshabe told the court the 10 days they had been given by the applicants were not up and the application for review papers was not yet with the municipality.
In her judgment, Majiki said she could not rule on an application for review that was not before the court.
“When I look at the notice of motion, all the prayers that the applicants came to court to seek were directed and dependent on the application proceedings.
“And with that having come and gone, then there would be nothing that remains and I have no alternative but to dismiss the applicants’ application with costs.”
Hinana said he would consult with the fired councillors. “Then we can take it further.”
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