By Sihle Mavuso
The Pietermaritzburg High Court has ordered Bongi Sithole-Moloi, MEC for Cooperative Governance and Traditional Affairs in KwaZulu-Natal, to proceed with six by-elections that she had postponed to 19 June.
The order comes after the MEC went to the court and asked it to condone her failure to gazette six by-elections across the province.
She asked the court to allow the by-elections to take place in the six municipalities after the 29 May general elections.
She argued that it was not possible to prepare for by-elections while also campaigning for the upcoming provincial and national elections.
Among the elections that she failed to gazette is Umzumbe where five wards are now vacant.
The ANC, her political party where she holds a senior position, is facing the risk of losing wards to the IFP.
The other by-elections that were stopped because of the MEC’s decision were in the municipalities of Mthonjaneni, Newcastle, Umvoti, Nongoma and Pongola.
Only Mthonjaneni filed papers to oppose the application by Sithole-Moloi.
In a ruling handed down on Thursday morning, the high court denied her case and slapped her department with legal costs.
The court said the decision not to gazette the by-elections based on the timetable that was given to her was unconstitutional and invalid.
“The applicant is directed to pay the costs of the main application, and the counter-application brought by the Mthonjaneni Local Municipality, on a party and party basis,” the court ruled.
Pictured above: MEC Bongi Sithole-Moloi has lost in court.
Image source: Facebook
