Buffalo City Metro executive mayor Zukiswa Ncitha and speaker Luleka Simon-Ndzele left the Grahamstown High Court empty-handed yesterday after their urgent court bid to force the Hawks to return seized council meeting recordings was again postponed.
The bone of contention this time was the late admission of an affidavit by Simon-Ndzele confirming that the BCM council had on Wednesday retrospectively ratified and approved the legal action brought by herself and Ncitha.
In the affidavit, which has not yet been admitted, Simon-Ndzele effectively admits that they had no council mandate at the time of launching the application earlier this month.
The application seeks to force Hawks Captain Luphumlo Lwana to return seized recordings of the April 29 confidential council meeting at which it was reportedly decided to suspend BCM municipal manager Andile Fani.
The speaker says the reason they had been unable to produce a council mandate was because of the many “interruptions” that had occurred at meetings since May 7.
She said not one of the meetings could be concluded due to these disruptions.
Attached to her new affidavit was a copy of Wednesday’s council resolution that purports to ratify and authorise the court action.
The resolution was noted as a “special minute” and marked “strictly confidential”. It is noted that the DA dissented.
Simon-Ndzele said there could now be no doubt that the proceedings had been endorsed and ratified by the council and that Ncitha and herself had the authority to proceed.
Unless challenged, this retrospective approval of their legal action could put paid to the Hawks killer legal point that the mayor had not, as required by law, been mandated by council to bring the application.
But yesterday, Hawks counsel Advocate Amelia da Silva said the belated attempt to have the affidavit admitted had put her “between a hard place and a rock” as she had been desperately trying to get instructions on its validity from Fani.
“Indications right now are that this document will be challenged,” she said.
The matter was postponed to June 19 to give the Hawks an opportunity to file further papers.
Both Lwana and Hawks provincial acting boss Colonel Wendy Mashwabane are opposing the urgent application by Ncitha and Simon-Ndzele for the return of the seized recordings.
Lwana claims the speaker and mayor had resorted to court to get the recording back to frustrate the criminal proceedings against them and to hide information that could show they were tampering with witnesses.
Both Simon-Ndzele and Ncitha, accompanied by a large entourage, were present in court yesterday.
Advocate Graham Richards instructed by Borman & Botha attorneys appeared for the mayor and speaker. Da Silva was instructed by Mili Attorneys.
BCM and Hawks case postponed
The bone of contention this time was the late admission of an affidavit by Simon-Ndzele confirming that the BCM council had on Wednesday retrospectively ratified and approved the legal action brought by herself and Ncitha.
In the affidavit, which has not yet been admitted, Simon-Ndzele effectively admits that they had no council mandate at the time of launching the application earlier this month.
The application seeks to force Hawks Captain Luphumlo Lwana to return seized recordings of the April 29 confidential council meeting at which it was reportedly decided to suspend BCM municipal manager Andile Fani.
The speaker says the reason they had been unable to produce a council mandate was because of the many “interruptions” that had occurred at meetings since May 7.
She said not one of the meetings could be concluded due to these disruptions.
Attached to her new affidavit was a copy of Wednesday’s council resolution that purports to ratify and authorise the court action.
The resolution was noted as a “special minute” and marked “strictly confidential”. It is noted that the DA dissented.
Simon-Ndzele said there could now be no doubt that the proceedings had been endorsed and ratified by the council and that Ncitha and herself had the authority to proceed.
Unless challenged, this retrospective approval of their legal action could put paid to the Hawks killer legal point that the mayor had not, as required by law, been mandated by council to bring the application.
But yesterday, Hawks counsel Advocate Amelia da Silva said the belated attempt to have the affidavit admitted had put her “between a hard place and a rock” as she had been desperately trying to get instructions on its validity from Fani.
“Indications right now are that this document will be challenged,” she said.
The matter was postponed to June 19 to give the Hawks an opportunity to file further papers.
Both Lwana and Hawks provincial acting boss Colonel Wendy Mashwabane are opposing the urgent application by Ncitha and Simon-Ndzele for the return of the seized recordings.
Lwana claims the speaker and mayor had resorted to court to get the recording back to frustrate the criminal proceedings against them and to hide information that could show they were tampering with witnesses.
Both Simon-Ndzele and Ncitha, accompanied by a large entourage, were present in court yesterday.
Advocate Graham Richards instructed by Borman & Botha attorneys appeared for the mayor and speaker. Da Silva was instructed by Mili Attorneys.
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