The Amajuba District Municipality is facing renewed uncertainty after the Pietermaritzburg High Court removed District Mayor Councillor Thembilihle Mthembu and Deputy Mayor Councillor Shaka Sithole from office, prompting the municipality to schedule a Special Council Meeting.
The ruling has heightened political tension in the district, with Team Sugar South Africa warning that the council’s interpretation of the judgement could undermine both governance and accountability during a critical period for local administration.
In response, the municipality’s Communications Unit emphasised its commitment to lawful and transparent governance, while seeking to reassure residents that essential services would continue uninterrupted.
“As a municipality, we respect the authority and independence of the judiciary, and we remain committed to upholding the rule of law and the principles 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 administration and council will continue to function effectively, ensuring that essential services are not disrupted during this period,” the unit said.
The municipality further confirmed that, following what it described as the High Court’s restoration of the “previous status quo,” Councillor Mthembu has resumed duties as Acting Mayor.
The council stated that the Special Council Meeting will formally consider the judgement and determine the appropriate path forward in compliance with the law, while administrative functions continue to operate amid the ongoing leadership dispute.
Despite this explanation, Team Sugar South Africa has strongly contested the municipality’s interpretation of the court ruling. The party argues that the return of the former Mayor to a senior executive role, even in an acting capacity, raises serious legal and governance concerns. According to TSSA, a court declaration of invalidity renders the offices of Mayor and Deputy Mayor vacant immediately, removing any executive authority derived from the invalidated election.
The party further contends that the Municipal Structures Act (Act 117 of 1998) requires an Acting Mayor to be formally designated by council through a proper resolution once a vacancy exists.
It maintains that there is no legal provision for the automatic resumption of a prior role, particularly when the individual concerned was directly affected by the court ruling. Similarly, the Municipal Finance Management Act (MFMA), which designates the Mayor as the municipality’s Accounting Authority, means that allowing someone without a lawful mandate to act in this role could expose the council to legal and financial risk, with any decisions or expenditures potentially challengeable as unlawful.
Against this background, TSSA said, “The municipality’s interpretation of the ‘previous status quo’ is flawed and appears to be an attempt to circumvent the clear implications of the court judgment. This creates a governance vacuum and undermines public trust. Therefore, Team Sugar South Africa hereby calls on the Minister of Cooperative Governance and Traditional Affairs (CoGTA), and the relevant MEC in KwaZulu-Natal, to intervene with immediate effect.”
As a result, the party is urging CoGTA to issue a directive instructing the Amajuba District Municipal Council to convene an urgent meeting, strictly in terms of the Municipal Structures Act, to formally appoint a lawful Acting Mayor and to schedule the election of a new Mayor.
TSSA has also called for provincial oversight of the Special Council Meeting to ensure compliance with legislative requirements, and a national circular clarifying the correct legal procedures to follow when a court invalidates the election of a mayor.
“The residents of Amajuba District deserve stable, lawful, and transparent leadership. Service delivery and sound financial management cannot be compromised by an unresolved constitutional and administrative crisis. The delay in regularising the leadership of the municipality is not just a procedural matter; it is a threat to effective governance. We remain committed to supporting the rule of law, constitutional democracy, and accountable local government,” TSSA concluded.
As previously reported by Newcastillia News on Friday, 30 January 2026, the High Court ruling follows an urgent application lodged in May 2025 by the African National Congress (ANC), together with Team Sugar South Africa, challenging the legality of the leadership election at the Amajuba District Municipality.
The applicants approached the Pietermaritzburg High Court seeking an order declaring the election of the Mayor and Deputy Mayor unlawful and unconstitutional, after alleging a breach of prescribed council protocol during the sitting at which the leadership was elected.
According to the application, the disputed process resulted in two senior members of the Inkatha Freedom Party (IFP) assuming the municipality’s top executive positions, despite objections regarding the manner in which the meeting was convened and conducted.
The applicants argued that these procedural failures were not merely technical, but went to the heart of lawful decision-making in local government, with significant implications for the validity of council resolutions, executive authority, and financial governance.
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Attention now turns to whether the Amajuba District Municipality can move beyond legal ambiguity and re-establish clear, defensible authority at executive level.
The impending Special Council Meeting will test not only the council’s willingness to comply strictly with statutory requirements, but also its capacity to act decisively under sustained legal and political scrutiny. Any further delay, or reliance on contested interpretations, risks prolonging uncertainty, with direct consequences for administrative stability, financial oversight, and the legitimacy of decisions taken during this period.
Equally significant is the role of provincial oversight in determining how this impasse is resolved.
Should intervention materialise, it may provide the legal clarity needed to restore order; however, failure to regularise leadership swiftly and lawfully risks entrenching institutional paralysis.
The path ahead therefore hinges less on political negotiation than on procedural precision, with adherence to the rule of law set to determine whether the municipality can restore confidence, safeguard governance, and resume effective administration without further disruption.
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FAQs:
The court set aside their election after finding that the council sitting where they were elected did not follow proper legal procedure.
The municipality believes the previous status quo allows Councillor Mthembu to act as Mayor, while TSSA argues that the office is vacant and council must formally appoint an Acting Mayor.
It requires council to pass a formal resolution to designate an Acting Mayor when a vacancy exists.
The MFMA makes the Mayor the Accounting Authority, meaning any unlawful appointment could put municipal finances and decisions at legal risk.
To consider the court judgement and determine the lawful steps to restore leadership in line with legislation.
Yes, TSSA has called on COGTA and the provincial MEC to oversee the process and ensure compliance with the law.
One Response
What can one say??? They are so crooked. The community needs to stone theme.
This beloved country will never win if we have people like this in higher power.