Tension rises between KZN Cogta and uMkhanyakude Municipality after court ruling on salaries
Image: Supplied by KZN Cooperative Governance and Traditional Affairs
The tension between the KwaZulu-Natal Department of Cooperative Governance and Traditional Affairs (Cogta) and the uMkhanyakude Municipality in northern KZN is worsening, with the municipality accusing MEC Thulasizwe Buthelezi of misleading the public.
In a statement, the municipality further accused Buthelezi of being on a crusade to undermine ANC-run municipalities in the province.
This accusation stems from an order handed down by the Pietermaritzburg High Court on Friday. The South African Municipal Workers Union had taken the municipality and other defendants to court after workers' salaries were not paid due to a stand-off between Cogta and the municipality over the decision to appoint an administrator.
The stand-off triggered a freezing of the municipality's bank account, and the administrator has also been blocked from accessing the municipality's offices.
The municipality was named in the case as the first respondent, MEC Buthelezi as the second, the provincial government as the third, and administrator Bamba Ndwandwe as the fourth. Absa Bank appears as the fifth respondent.
In the order, the court addressed the issue of salaries and ordered that the first respondent (municipality) and the fourth respondent (Ndwandwe) work together to ensure that the wages of the workers are paid and that payments are made on time.
The court stated that, 'this shall apply mutatis mutandis for future months for as long as the first respondent (uMkhanyakude) is under provincial intervention and for as long as the fourth respondent (Ndwandwe) is in office as the provincial representative. The fourth respondent's rights and responsibilities will fall away if and when the current provincial intervention is terminated or he is discharged from office,' the order concluded.
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Cogta stated that the order had affirmed the intervention as legal.
'The court's decision effectively reaffirms the authority of Mr. Bamba Ndwandwe as the administrator. Since the court has reserved judgment on the application to set aside the intervention, this means the intervention remains in place until the judgment is delivered. The court further ordered the municipal manager to submit the payroll to Mr Ndwandwe so that the Administrator can process the July salaries for municipal employees.
'MEC Buthelezi has called upon the Mayor of uMkhanyakude to ensure that the gates of the municipality are opened. This will allow the administrator to assume his duties and enable the resumption of normal operations for the benefit of the community. It is important to note that the MEC does not act on his own accord; it is a cabinet decision that he acted upon. There must be full cooperation from all municipalities when there is an intervention,' said the Cogta statement.
In a statement, Municipal Speaker Solomon Mkhombo, however, disputed that the intervention was in force and accused the MEC of making misleading claims.
'We want to inform the public that the court has reserved its judgment on the matter regarding Buthelezi's decision to place uMkhanyakude District Municipality under administration, meaning that no final decision has been made. We urge the MEC to accurately represent the court's position and avoid spreading misinformation that could confuse or mislead the public,' said Mkhombo.
'The illegal act by Cogta and the bank to freeze the municipal account was uncalled for, and we thank the High Court for ruling in favour of uMkhanyakude employees. It is worth mentioning that a Cogta legal representative could not provide a substantive reason in court for why Cogta wants to place uMkhanyakude under administration.
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