swaziland times

MBABANA – Although Gciniwe Fakudze is expected to take over as the Chief Executive Officer of Mbabane City Council, the municipality has rushed to court to try to stop her from carrying out her duties.

Mbabane Municipal Council is awaiting a High Court ruling on a case challenging the appointment of Fakuze as Chief Executive Officer (CEO). Councillors want Fakuze’s appointment reviewed and revoked. The council has since filed a notice of revocation, but judgment is pending, and wants an order to stop Fakuze from taking up his new role as CEO of Mbabane City Council.

Notice

The notice states that the matter will be heard today and the following orders will be made: “With consent, the applicants are granted the orders pursuant to items seven and eight of the notice of motion dated July 17, 2024,” the city government’s notice reads. In item seven, the councillors want the court to restrain the Minister of Housing and Urban Development, Appolo Maphalala, from taking any action to appoint Fakudze as CEO. In this request, they want the court to restrain Fakudze from serving as CEO until the matter is finally resolved. The minister objects to the granting of certain orders in the main application. He wants the status quo to be maintained to give the court a chance to prepare and render its decision.

The minister said the council’s application was an abuse of the court process “because the undertakings given by the minister were being fully implemented at the time of the hearing of this case and therefore the application can be dismissed with the costs of solicitors and clients being borne”. On Friday, the Attorney General wrote to the council’s lawyers, Nkomondze Law Firm, regarding the matter. The letter, signed by Assistant Attorney General Mbuso Simelane, was a response to the former’s letter as well as emails exchanged between the two parties so far. The letter to Nkomondze Law Firm reads: “As per your request, our clients assure that while the High Court case awaits the decision of Justice Nkosinathi Maseko, they will maintain the status quo and await the judge’s decision for the reinstatement of Ms Fakudze as CEO.

application

“On that premise, they do not agree to such an order as they believe it would prove that your client’s application was improper. “The undertaking is based on the fact that the honourable judge heard arguments on the matter and therefore they will respect him and therefore there is no need to set aside the matter. In any case, the undertaking will take full effect when the matter is set aside on the 19th of this month,” the letter reads. The Attorney General also said that if the matter is set aside as notified, they will ask the lawyers and clients to pay their own fees. “On the other hand, the Ministry of Housing is concerned that they have received reports (pending investigation) that your client is bullying municipal staff over the CEO issue and has frequently called extraordinary/special meetings to discredit the ongoing High Court case. One of these meetings is scheduled to be held on Thursday (August 15, 2024) at 14:30,” the letter to Nkomondze’s lawyers further reads.