The MEC for the Department of Cooperative Governance and Traditional Affairs (Cogta) in KwaZulu-Natal has upheld recommendations by the Abaqulusi Local Municipality special ethics committee to remove former Mayor Mncedisi Maphisa from the exco.
Bongi Sithole-Moli also upheld a decision to bar three IFP (Inkatha Freedom Party) councillors, including Mandla Mazibuko, from holding any exco or office bearer position for two years.
Also slapped with suspensions are Councillors L Mtshali and M Mtshali (their first names are not known to ).
These councillors faced different misconduct accusations, and the committee chaired by Councillor Swelakhe Shelembe of the DA, a coalition partner of the IFP, found them guilty and asked the MEC to ratify their findings.
NEWS: KZN CoGTA has upheld recommendations by Abaqulusi local municipality special ethics committee to remove former Mayor Mncedisi Maphisa from the exco. The department also upheld a decision to bar IFP Councillor Mandla Mazibuko from holding any exco or office bearer position
— Sihle Mavuso (@ZANewsFlash) July 5, 2023
In a letter dated June 12, 2023, which has since been leaked to , Sithole-Moloi said sanctions should be imposed.
“Having considered the contents of the Special Ethics Committee report and the Extracts of the Ordinary Council Meeting held on 30 May 2023, with the corresponding Council Resolution under Item CR72/2023 – Special Ethics Committee Investigation Report, and empowered by the provisions of Item 16 (7) of the Code of Conduct for Councillors – Schedule 7 of the Municipal Structures Act (as amended), I hereby confirm the recommendations of Abaqulusi Municipal Council as follows;
“1. That the recommendation by Council to remove Councillor. M. C. Maphisa from the office as a member of Council, Mayor and Executive Member of Abaqulusi Municipal Council, is upheld,” the MEC wrote to then the council Speaker, Micheal Khumalo.
Khumalo has since been replaced by Nonkululeko Ndlela, who is also from the IFP. He was moved to the Zululand District Municipality.
In addition, Maphisa had already been removed from the mayorship and exco to serve as an ordinary councillor, but it was for another reason.
In the same letter, Sithole-Moloi upheld the recommended sanctions against Mazibuko and two other IFP councillors.
“The recommendation by Council to suspend Councillor M. A. Mazibuko from occupying Executive Committee (EXCO) and any office bearer position within Abaqulusi Local Municipality for a period of 24 months, is upheld.
“The recommendation of Council to issue a 12 months suspension against Councillor(s) L. W. F. Mtshali and M. L. Mtshali from occupying Executive Committee (EXCO) and any Office Bearer position within Abaqulusi Municipal Council, is upheld.
Furthermore, Sithole-Moloi said the councillors deserved sanctions.
According to her, the confirmation of council recommendations is premised on the provisions of Item 16 (7) of Schedule 7 of the Code of Conduct for Councillors, which provide as follows; 16 Investigation of breach “if the MEC is of the opinion that the councillor has breached a provision of this Code, and that such contravention warrants a suspension or removal from office, the MEC may- (a) suspend the councillor for a period and on conditions determined by the MEC; or (b) remove the councillor from office,” reads the letter that was signed by the MEC.
Ndlela, the newly appointed Speaker, did not respond when asked whether these decisions by the committee and upheld by the MEC, have been implemented or not.
Sithole-Moloi’s media liaison officer, Siboniso Mngadi, said is actively monitoring the situation concerning councillors who have been found in violation of the code of ethics and guilty of misconduct within Abaqulusi local municipality.
He added that now that they have been endorsed by the MEC, the Speaker and the Municipal Manager have to implement them.
“It is now the responsibility of the Speaker and the Municipal Manager to ensure the implementation of these recommendations.
“It is crucial to emphasise that if the Speaker and the Municipal Manager fail to enforce the recommendations, the MEC will utilise the relevant laws to intervene and ensure their implementation, thus upholding the decisions made by the ethics committee,” Mngadi said.
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