KZN High Court judgment a blow to power-grabbing ANC in KZN

15 January 2024

The Democratic Alliance in KwaZulu-Natal welcomes today’s ruling in its favour by the KwaZulu-Natal High Court in its matter against the UMdoni Municipality which attempted to illegally steal the DA’s Executive Council seat in November 2022 (view here).

The court ruled the municipality unlawfully gave a DA Executive Committee EXCO seat to the ANC and by so doing violated the Municipal Structures Act, despite numerous warnings from the DA and our lawyers.

The judgment by Justice Nkosi found that the ANC-aligned council led by the Mayor and the Speaker, ignored the prescripts of the Municipal Structures Act. It should also be noted that the KZN Provincial Government “guided” the council on how to deal with this vacancy and shows how it aided and abetted the unlawful decision.

The most scathing part of the judgment by the High Court found that the Municipal Manager, Thabisile Ndlela, should be held personally liable for her costs as a direct result of the court finding that her conduct was “blatant and egregious - a clear instance of a deliberate neglect of constitutional duty. Such conduct is deserving of a personal censure.”

Today’s court ruling should serve as a deterrent and a reminder that the DA will not tolerate lawlessness in local governance.

We believe our court victory sets the tone on the importance of clean governance and what happens when laws are violated by those driven by arrogance and put the pursuit of their own agenda above the basic needs of the people.

The ANC’s desperation to cling to power has pushed it to a point of complete disregard for the laws of governance and is now simply driven by fear and panic.

The ANC can no longer be allowed to do as it pleases with little or no consequence. This year’s elections will be a crucial turning point in our country’s democracy and spheres of governance.

This is why, as the DA, we will act where there is a threat, and we will continue to fight for the rights of all citizens.

Issued by Dean Macpherson, DA KZN Chairperson, 15 January 2024