The Economic Freedom Fighters (EFF) has launched an urgent High Court application to stop the City of Ekurhuleni from using a voice vote to pass its 2026/27 budget, escalating a political dispute that has destabilized one of South Africa’s largest metros for months.
In papers filed at the Johannesburg High Court on 18 May 2026, the EFF asked the court to interdict council speaker Nthabiseng Tshivhenga from using a voice vote when the budget is tabled before council on 28 May 2026.
The party cited nine respondents in the application, including speaker Tshivhenga, executive mayor Nkosindiphile Xhakaza, the municipal manager, the City of Ekurhuleni, as well as provincial and national ministers responsible for finance and cooperative governance.
The EFF argues that a voice vote — where the presiding officer determines the outcome based on the volume of “ayes” and “noes” — is unlawful in the adoption of a municipal budget.
According to the application, such a process violates Section 30(2) of the Local Government: Municipal Structures Act and Section 160(3)(b) of the Constitution, both of which require an individually verifiable count of councillors’ votes when passing a budget.
In its notice of motion, the EFF asked the court to direct that the budget vote on 28 May 2026, or any postponed sitting, be conducted through a voting mechanism capable of producing an individual and verifiable count.
The party also wants the speaker, executive mayor, municipal manager and the City of Ekurhuleni to pay legal costs jointly and severally on scale C, including the costs of two counsel.
The urgent application is linked to a separate constitutional review filed by the EFF challenging the adoption of the municipality’s 2025/26 adjustment budget on 10 March 2026.
The interdict being sought is intended to operate as an interim measure pending the outcome of that review application.
The case is supported by an affidavit from EFF councillor Thembi Msane and was filed by Thabela Incorporated Attorneys on behalf of the party.
Respondents were given until Wednesday, 20 May 2026, at 4pm to notify the applicant’s attorneys of any intention to oppose the matter, and until Friday, 22 May 2026, at 4pm to submit answering affidavits.
The matter is expected to be heard on Tuesday, 26 May 2026, at 10am, subject to the court granting urgency.
The legal battle marks the latest escalation in the collapse of the governing coalition in Ekurhuleni.
The ANC and the EFF jointly governed the metro following the 2021 local government elections, with the EFF securing several key mayoral committee positions, including the finance portfolio.
Relations deteriorated publicly in mid-2024 after Xhakaza removed EFF councillor Nkululeko Dunga as MMC for finance and replaced him with an ANC representative.
The fallout disrupted council operations, with a February 2026 council sitting collapsing before any business could be concluded, leaving several financial decisions unresolved and prompting warnings from opposition parties about the impact on service delivery.
The EFF later withdrew from the coalition.
When the adjusted budget was tabled in March 2026, the EFF rejected it, citing weak financial governance, unrealistic revenue projections and poor administrative planning.
The ANC, however, defended the budget, arguing that it would improve service delivery across the metro.
The EFF has repeatedly accused the ANC-led administration of mismanaging the metro’s finances.
EFF leader Julius Malema has previously accused Xhakaza of acting in bad faith and sidelining the EFF within the municipality.
The latest High Court application signals that the EFF intends to challenge not only the substance of the 2026/27 budget, but also the legality of the process used to adopt it.
