The Pietermaritzburg High Court has ordered the immediate removal of Amajuba District Municipality’s Mayor and Deputy Mayor from office, declaring their election unlawful and unconstitutional.
The judgment against Mayor Themblihle Mthembu and Deputy Mayor Shaka Sithole was delivered on Thursday, 29 January, following legal action by the African National Congress (ANC) and a coalition of smaller parties. The applicants sought to overturn the pair’s appointment, arguing that the processes that placed them in office were fundamentally irregular and violated statutory requirements governing municipal proceedings.
Both senior members of the Inkatha Freedom Party (IFP), Mthembu and Sithole were elected on 23 May 2025 during a council sitting that has since been labelled as procedurally flawed. In their application, the ANC and its partners argued that the meeting did not achieve a quorum, as only 14 of the municipality’s councillors were present instead of the required 15. Submissions made by councillor Ally Khoza alleged that 15 councillors were actively prevented from accessing the venue.
On Thursday, the court ruled that the meeting was illegal, rendering the leadership election null and void. The court described the allegations as serious claims that the respondents had insufficiently addressed. While arguments were put forward that a quorum had been reached, the court found them to be indecisive. It was determined that councillors who were not formally expelled from the meeting were entitled to be present, and proceeding in their enforced absence was irregular.
The court ruling mandates the election of a new mayor and deputy, effectively restoring the status quo that existed prior to 20 May 2025.
In response, the municipality’s communications department emphasised its commitment to lawful governance and reassured residents that essential services would continue uninterrupted. The unit stated: “As a municipality, we respect the authority and independence of the judiciary, and we remain committed to upholding the rule of law and the principals of democratic governance. While this outcome presents challenges, it also provides an opportunity to reaffirm our dedication to transparency, accountability and proper procedure in all matters of council. We wish to assure our residents and stakeholders that service delivery remains our top priority.”
The municipality confirmed that Mthembu has resumed duties as Acting Mayor and that a Special Council Meeting will be convened to formally consider the judgment and determine the path forward.
