Africa-Press – South-Africa. The DA in KwaZulu-Natal says it will write to Cooperative Governance MEC Bongi Sithole-Moloi to push for by-elections in eThekwini’s Ward 101.
The ward, which includes the Manor Gardens and Mayville areas of Durban, has been without a councillor since the arrest of Mzimuni Ngiba in May last year.
Ngiba and three others face charges of murder and attempted murder.
The councillor and his co-accused allegedly killed his predecessor, councillor Siyabonga Mkhize, and fellow ANC member Mzukisi Nyanga ahead of the 2021 local government elections.
The accused allegedly also tried to kill two other people.
Mkhize was selected as the ANC’s preferred ward councillor candidate in the runup to the local government elections on 1 November 2021.
He was shot and killed alongside Nyanga during a door-to-door campaign in October 2021.
Mkhize won the elections posthumously, but a by-election saw Ngiba elected as a councillor in February 2022.
During a council meeting on Wednesday, 26 April, eThekwini municipality Speaker Thabani Nyawose confirmed that Ngiba was still receiving a salary from the city despite being ineffective for the past 11 months.
Nyawose discussed the matter following questions from the DA, and ActionSA’s Zwakele Mncwango.
“My office and Cogta [Department of Cooperative Governance and Traditional Affairs] are dealing with the situation guided by the relevant pieces of legislation. Once the matter has been concluded, council will be advised,” said Nyawose.
The DA said the absence of a councillor in Ward 101 for the past 11 months was having an adverse effect on service delivery.
Martin Meyer, the party’s KZN spokesperson on cooperative governance, said:
Meyer said the DA was also exploring other legal options.
In the meantime, the ANC’s KZN secretary Bheki Mtolo said Ngiba remained a councillor, and in line with the governing party’s step-aside rule, “may only be expelled if he is found guilty of murder”.
According to the municipal structures, “failure to attend three or more consecutive council or committee meetings without having obtained leave of absence must result in removal from office of that councillor”.
News24 reached out to the KZN Department of Cooperative Governance and Traditional Affairs about the legality of Ngiba receiving his salary despite not fulfilling his duties.
Spokesperson Senzo Mzila said: “The position of [the department] is that it varies based on the approved council standing rules and orders. The Speaker in most instances is responsible for oversight role in monitoring the attendance of councillors.”
Nyawose is expected to update councillors on the matter during the next council meeting in May.
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