The Lepelle-Nkumpi local municipality in Limpopo has been thrown into disarray after a high court ruling that declared election of the current mayor unlawful.
The court ruled in favour of a local ANC member, Lehlaga Mphahlele, who contested mayor Merriam Molala's nomination and subsequent appointment on the basis that she had been parachuted into the party list of councillors.
The high court in Polokwane on Tuesday ruled in Mphahlele's favour, declaring Molala's nomination and appointment invalid and unlawful. The court further directed the ANC and IEC speaker of the municipality to recognise Mphahlele as the next candidate on the election list submitted to the IEC for councillor position.
Mphahlele, who is also a lecturer at the University of Limpopo, was number 11 on the list of ANC councillor candidates to the IEC for 2016 local government elections. Only 10 councillor candidates could make it to the local municipality chambers at the time.
In court papers, Mphahlele said Molala was not on the party's list containing candidates elected by branches of the ANC and endorsed by the regional, provincial and national conferences of the ANC to represent them at council.
But when former mayor Nakedi Sibanda-Kekana was asked by the ANC to step down in August last year, after the municipality invested R151m in the defunct VBS Mutual Bank, Malala was parachuted to the top ahead of Mphahlele.
On Tuesday, Judge Matsoro Semenya said in her ruling that Mphahlele should be recognised as the next candidate in line to make it to council.
Mphalalele said he was happy with the high court ruling, adding that he was ready to resume his responsibilities.
“I’m ready to serve our people, though it is unfortunate that the matter has to reach this far between me and my organisation, the ANC. I have exhausted all internal process but nothing positive came out of it,” he said.
IEC spokesperson Kate Bapela did not respond to Sowetan's questions on whether the commission will implement the court order at the time of going to print, while Molala refused to comment on the matter and referred all questions to the ANC in the province.
ANC spokesperson in Limpopo Donald Selamolela said: “We are currently studying the judgment and we will state our position post the process.”
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