The Economic Freedom Fighters (EFF) have abandoned their earlier threats of violence in their bid to force the IFP-DA-led City of uMhlathuze in KwaZulu-Natal to replace three councillors who remain in office despite being expelled from the party.
The party has now filed an application with the Pietermaritzburg High Court, seeking an order compelling the municipality to remove the councillors and replace them with its newly appointed representatives.
Last week, the EFF vowed to render the municipality ungovernable until its demands were met. Provincial and district leaders led a march that turned violent, resulting in the vandalism of municipal offices and the assault of a security guard, who was strangled.
The unrest led to the arrest of provincial chairperson Mongezi Thwala and four others. They are now facing criminal charges in the Richards Bay Magistrate’s Court after spending two nights That led to the arrest of Mongezi Thwala, the provincial chairperson and four others. They are now facing criminal charges in the Richards Bay magistrate court after spending two nights behind bars.
The councillors the EFF seeks to remove are Khululiwe Mtshali, Petunia Khuzwayo, and Philile Nyawo, who were expelled from the party in October 2023. The party wants them replaced by Simangele Msomi, Silindile Zungu, and Ntombizodwa Gumede.
The EFF currently holds six proportional representation (PR) seats in the municipality, which it secured in the 2021 local government elections.
However, the municipality has refused to act, citing an ongoing court case in which the councillors are challenging their expulsion from the party. Officials argue that, as a result, their hands are tied.
In its application to the Pietermaritzburg High Court, the EFF, through its secretary-general Marshall Dlamini, acknowledged that the councillors had taken legal action in the Durban High Court to challenge their expulsion. However, Dlamini insists that their case does not prevent their removal as councillors.
Dlamini further argues that even if the councillors succeed in overturning their expulsion from the EFF, the party retains the discretion to decide who represents it in the council.
He also accused the municipality of contradicting itself, pointing out that another expelled councillor, Sifiso Biyela, had vacated his position, and the municipality declared a vacancy despite his involvement in the Durban High Court case.
The EFF filed its court papers on Thursday, 30 January 2025, and is seeking to have the matter heard on 16 May 2025.
