Co-operative Governance Minister, Dr Nkosazana Dlamini-Zuma has overturned a decision by the KwaZulu-Natal provincial government to place Nquthu municipality under administration. The provincial government accused the council of flouting local government laws.
It also accused the municipality of having disregarded proper procedure in the election of the current mayor Lindokuhle Shabalala and the filling of vacancies for senior managers.
The Inkatha Freedom Party (IFP)-led Nquthu municipality in northern KwaZulu-Natal will not be placed under administration.
On Friday, lawyers who represent the Cooperative Governance Department sent a letter informing the municipality about Dlamini-Zuma’s decision.
The provincial government, last month, placed both Nquthu and the cash-strapped uMkhanyakude municipalities under administration.
However, the Nquthu council took the matter to court and also lodged a dispute with the national Department of Cooperative Governance. The province had cited, among others, that the council flouted legislation in the election of current mayor Lindokuhle Shabalala.
It also accused the council of disregarding legislation in the appointment of some senior managers.
Shabalala says they feel vindicated by Dlamini Zuma’s decision.
“The national minister has sent a delegation to the municipality to investigate the allegations that the MEC had laid against Nquthu municipality. On their arrival, there was absolutely nothing that qualifies the administration to intervene in Nquthu. There was no financial misconduct, no maladministration. The council is functioning properly; the structures of the council are sitting. There was absolutely nothing that actually makes the MEC to intervene. Basically, the national minister has disapproved of the intervention in Nquthu. The attorneys of the MEC have written to us asking us not to pursue the matter in court since the matter is mute, which basically means there is no intervention in Nquthu.”
The provincial Co-operative Governance department says they will monitor and guide the municipality’s compliance with legislation.
CoGTA Spokesperson, Nonala Ndlovu says, “We have received a directive from the Minister of CoGTA saying she does not agree with a decision to place Nquthu under administration. But she did indicate that we may proceed with section 139 1A which means that we just have to be there to guide them towards compliance with all the prescripts and regulations. Well, we wouldn’t have recommended for the municipality to be put under administration if we didn’t believe it was a correct decision. But we have been overruled in the matter.”
Last month, the Pietermaritzburg High Court reserved judgment in the matter between the ANC in Nquthu and the municipality. The ANC took the municipality to court and argued that the council meeting, in which Shabalala was elected mayor, was in contravention with lockdown regulations.
The ANC believes the council meeting held on the 26th of March should not have been convened as Level 5 of the Lockdown had already been declared.
