Durban – The KwaZulu-Natal Department of Co-operative Governance of Traditional Affairs (Cogta) has noted the decision by the Pietermaritzburg High Court to halt the Alfred Duma Local Municipality special council sitting on Thursday, March 30 and plans to appeal against the ruling.
This comes after Cogta MEC Bongi Sithole-Moloi called for the special sitting. The urgent court application was lodged by the municipality after Cogta announced that the sitting would be held on Thursday.
Cogta said it was in the best interest of the municipality and its citizens for the special council meeting to be convened.
“It is also disturbing that the department was not given sufficient time to prepare for the court proceedings yesterday (Wednesday), as the papers were only received a few hours before.”
According to Cogta, the MEC had the authority to call a special council meeting when the municipality’s internal processes had failed.
“The Municipal Structures Act and the Standing Rules of Council give the MEC the authority to call for a special council meeting when the municipality’s internal processes have failed. The department heavily relied on both when it decided to call for this special council.”
The department said the court’s decision to halt municipal proceedings could impact service delivery in the municipality.
“Of particular concern to the department is the date set by the court for the hearing of the case, which practically leaves the council in limbo for a good month. This means a prolonged period of disruption in decision making and subsequently service delivery to the people of this municipality,” it said.
“While the department respects the rule of law, it also intends to use the legal instruments available to it to challenge this judgment.”