The sole but critical councillor of the ABC (Abantu Batho Congress) in the Endumeni (Dundee) local municipality in KwaZulu-Natal has scored a temporary victory against his expulsion from the party and as a councillor.

The Pietermaritzburg High Court today ruled that Mbulelo Phakathi cannot be expelled from the party and as a councillor in eNdumeni until the matter has been fully heard.

Phakathi’s seat in Endumeni is crucial to the ANC, which still harbours ambitions of overthrowing the IFP through a coalition and taking over the municipality, which is the seat of Umzinyathi district municipality.

The battle for the seat started when the ABC split into two, with one faction led by Philani PG Mavundla, the former deputy mayor of eThekwini and the other faction led by Bhungu Gwala and Sabelo Sithole, a councillor in Ladysmith.

Mavundla and Phumelele Phahla, the secretary-general, expelled Phakathi who was on the other faction. He took the matter to court and the court granted an interim interdict.

Today the court extended the interdict until 18 February next year and Mavundla and others would by then have to show why the order should be made final.

“Pending the final determination of an application for the review of the decision to expel the applicant (Phakathi) as a member of the third respondent (ABC) and the applicant continues to be a member of third respondent in regular standing therewith.

“The first (Mavundla) and third respondent (ABC) are hereby interdicted from removing or causing to be removed, the applicant as a member of the third respondent,” the court order reads.

However, there is a clause of the order that said Phakathi should launch a review application to set aside his expulsion as a member of the ABC by 22 January 2024 or else the interim order will lapse on the day.