Media statement from Mkhondo Local Municipality

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Issued: 23 April 2022

Subject: Speaker of the Council, Mkhondo Local Municipality provides updates on the Dismissal of eleven Councillors.

On the 23rd of November 2021, all Mkhondo Local Municipality’s Councillors were sworn in by the Head of Court eMkhondo Magistrate Mr SM Fankomo, where all Councillors sworn in, pledged that they will be faithful to the Republic of South Africa and obey, respect, and uphold the constitution and all other laws of the Republic of South Africa and they promised to perform their functions and duties as Councillors of Mkhondo Local Municipality to the best of their skills, knowledge, and ability.

Act no. 3 of 2021: Local Government: Municipal Structures Amended Act. Schedule 7 which deals with the code of conduct for Councillors in order to ensure that Councillors fulfill their obligations to their communities and support the achievement by the Municipality of its objectives set out in section 19, states the following:

“A Councillor must at all times act in the best interest of the Municipality and in such a way that the credibility and integrity of the Municipality are not compromised (7.2(b))

Schedule 7.5. (I) 2 states that “ A Councillor who is absent from three or more consecutive meetings of a committee, which that Councillor is required to attend in terms of item 4 must be removed from the office as a Councillor.

On the 23rd of November 2021, during the Inauguration, all Councillors received the Local Government Library document that contains all Acts Governing the Municipality and furthermore attended a workshop convened by SALGA at Secunda as part of the capacity building.

At all times Councillors received standard invitations from the office of the Speaker, where all were expected to attend, but some always honoured the meetings as expected and some didn’t attend without sending any apologies.

Means were made to call the Councillors to account for their non-attendance of meetings, as required by the standing rules and orders of Mkhondo Municipality. But, always as it is their adopted standard procedure of dealing with correspondence from the office of the Speaker, they always refuse to accept those letters or if they like, they would open the letter, read it and then return it to the traffic officer sent to deliver the letter and refuse to sign the delivery document provided.

Given the challenges stated, it became clear that service delivery is highly compromised and that this is contrary to the motto of “Service delivery is our priority”. Then, the Speaker of Council after thoroughly reading the Act, the only pathway to remedy the situation, The Government Gazette, 1 June 2021 on Local Government Municipal Structures Amendment Act 2021, schedule 7.5(2) came to the conclusion of dismissing the eleven following Councillors as the Act determines:

1.​ Cllr TW Manana

2.​ Cllr MS Ngwenya

3. ​Cllr JM Nkosi

4.​ Cllr SBP Ntshangase

5.​ Cllr MZ Thomo

6.​ Cllr NG Gwebu

7.​ Cllr MZ Ngwenya

8.​Cllr TE Khumalo

9.​Cllr NC Ndlovu

10.​Cllr M Man- yathi

11.​Cllr DM Thwala

Issued by Mkhondo Local Municipality