An Eastern Cape municipality ward councillor and a prominent provincial and national leader of taxi associations, have failed in their legal bid to interdict a king from dismissing them as headmen.
The Mthatha high court on Friday dismissed with costs an application brought by King Sabata Dalindyebo councillor Thembisile Gqiba and taxi boss Zola Bishop Yolelo to interdict AbaThembu King Buyelekhaya Dalindyebo from dismissing them as headmen in the Mthatha West traditional communities.
Gqiba and Yolelo, who were the headmen of Joe Slovo Park and Chris Hani Park, respectively, were not present when the judgment was delivered by judge Richard Brooks on Friday.
They had dismissed their lawyer on Thursday.
Yolelo and Gqiba had gone to court challenging Dalindyebo’s right to dismiss them as traditional leaders.
In a matter dating back to March 2023, Yolelo, the Uncedo Service Taxi Association general secretary and Santaco provincial chair, and Gqiba, a King Sabata Dalindyebo municipality ward 37 councillor, said the king was wrong and had infringed their constitutional rights when he expelled them as headmen.
They also wanted Dalindyebo to be interdicted from appointing Prince Zwelothando Luthalobom Mtirara to be the overall traditional leader of Mthatha West, which includes Chris Hani Park, Joe Slovo Park, Mandela Park, Decolyn, Emarhambeni and Zone 14 villages.
But on Friday, they were dealt a heavy blow in court.
Giving a scathing ruling, Brooks came down hard on the conduct of Yolelo, Gqiba and their legal representatives, hitting them with punitive costs orders on attorney and client scale, three times.
The first punitive cost order was related to the main application when he said the applicants had failed to index the court file for six months and failed to file a reply affidavit for six months.
The judge did not hold back on commenting on how he was dealt with by those representing Gqiba and Yolelo.
Dalindyebo was represented by Makhanda advocate Matthew Mpahlwa, instructed by Siphumeze Kwaza.
Speaking after the ruling, the king said the matter should have been solved and finalised at his great place.
“But it is [through] their arrogance that we found ourselves here and unfortunately the decision is not in their favour and now they have to pay all these punitive costs,” Dalindyebo said.
He said there were times he was not happy with the justice system.
“But, there are times, like today, where we proclaim that justice has prevailed,” he said.
The king called for police to enforce the order.
“Because all of us as kings, traditional leaders, ward councillors and all other government leaders cannot do anything without the enforcement of the law.
“Even if courts deliver justice, this will not assist without the enforcement of the police as we know on issues of land invasion.
“The police must up their game and deal with threats to social peace,” Dalindyebo said.
He said he had received reports that people in Mthatha West had their homes torched because they were supporting him and the change he was making.
“We will be happy that this judgment can make people come back to their sober minds, stop hatred, animosity, burning of people’s homes and leave all happy and in harmony.
“As a king, I could fold my hands and do nothing while the wrong thing in my father’s land was happening.
“One has to make unpopular decisions for the sake of loving his community.
“I anticipated that they would revolt because I initially saw their arrogance,” Dalindyebo said.
Attorney Mbulelo Qotoyi told the Dispatch on Friday that the legal team had been dismissed on Thursday by Gqiba and Yolelo.
Yolelo and Gqiba could not be reached for comment.
Dalindyebo said he has deployed Prince Mtirara to be the traditional leader of all Mthatha West communities.
On Thursday, more than 50 Mthatha West residents picketed against the king outside the court.
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