The Sekhukhune and Vhembe district municipalities in Limpopo are expected to reconvene council sittings after an urgent application to interdict the election of their mayors was dismissed with costs in the Limpopo High Court in Polokwane on Wednesday.
Five members of the African National Congress (ANC) lodged the application on the basis that the process the party used to choose mayoral candidates in both municipalities was flawed.
One of the applicants, Isaiah Mahlangu, stated in an affidavit that among the issues discussed at the party's Polokwane conference in 2017, was the procedure for the election or appointment of mayors.
He quoted a resolution that states: "The REC (regional executive committee) should [recommend] not more than three names of cadres, in order of priority, who should be considered for mayoralship, and the PEC (provincial executive committee) will make a final decision..."
The party's Sekhukhune REC nominated four candidates - Julia Mathebe, Maleke Mokganyetsi, David Chego and Stan Ramaila.
After deliberations by the REC, Ramaila was taken out of the race and Mathebe was named as a preferred mayoral candidate. However, Ramaila later re-emerged as a preferred candidate.
In the Vhembe district, three names were forwarded to the PEC - Mihloti Mhlophe, Mbedzi Thawanga and Friddah Nkondo.
However, the previous incumbent - Dowelani Nenguda - was named as a preferred mayoral candidate.
In court, Judge Madala Phatudi said: "The deponent affidavit doesn't mention when the [Sekhukhune] REC forwarded the names [to the PEC]. It's important to determine when the urgency arose.
"The author acquired pleasure of the knowledge as far back as 6 November (2021). I believe the document was hastily drafted.
"When was the resolution taken [by the PEC] for the mayors to be elected? The application took three weeks to reach this court."
Phatudi found that the application lacked urgency and was defective. He struck the matter from the roll and ordered the applicants to pay costs on a party and party basis.
An ANC insider told News24 that the application was unlikely to succeed, not even on its merits.
"The applicants were arguing about the processes of the ANC. But there was no legal basis that stops other political parties [from] elect[ing] mayors at those municipalities because they are not governed by the internal processes of the ANC," the insider said.
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