DA to keep Umdoni Exco seat despite ANC by-election win

A long-running political fight over power at Umdoni Local Municipality has ended with the Supreme Court of Appeal (SCA) ruling that the DA can keep its executive committee (Exco) seat despite the ANC winning an extra council seat in a by-election. Umdoni Local Municipality on the KZN south coast falls under the Ugu District Municipality and includes areas such as Scottburgh, Umzinto, Pennington, Park Rynie and Dududu. The judgment means the ANC cannot take over the disputed exco seat, even though it gained more councillors in the municipality after winning Ward 13 from the DA in a July 2022 by-election.

In a judgment handed down by Daisy Sekao Molefe JA, with Anna Maleshane Kgoele JA, Evette Fiona Dippenaar AJA, Avinash Govindjee AJA and Thandi Victoria Norman AJA concurring, the SCA dismissed Umdoni Municipality’s appeal and upheld an earlier Durban High Court ruling in favour of the DA. The dispute began after the ANC increased its seats in council from 17 to 18 following the by-election win, while the DA’s representation dropped from seven seats to six. Months later, DA councillor Edwin Baptie resigned from the municipality’s exco, creating a vacancy.

The DA then nominated councillor Shamila Sookhraj to replace him, arguing that the seat still belonged to the party for the duration of the council term. However, municipal manager Thabisile Ndlela instead moved to change the composition of the Exco and appointed ANC councillor Ravinand Maharaj to the vacant seat. The DA challenged the decision in the Durban High Court, which ruled that Maharaj’s appointment was unlawful and declared Sookhraj’s appointment valid. Umdoni Municipality then took the matter to the SCA, arguing that because the ANC had gained another seat in council through the by-election, the exco seats should also be adjusted to reflect the new balance in council.