By: Nosipho Haya-Komisa
The embattled Amahlathi Local Municipality Councillor Siyabulela Malawu’s bid to set aside his axing has suffered a major blow as the Grahamstown High court dismissed his case with costs.
Malawu was axed as the councillor of Amahlathi Local Municipality earlier this year by the Cogta MEC Xolile Nqatha, for violating amongst other things the rules of Item 2 (b) of schedule 1 of the Code of Conduct for Councillors of the Municipal Systems Act (MSA) which states that “A councillor must at all times act in the best interest of the municipality and in such a way that credibility and integrity of the municipality are not compromised.
It is alleged that Malawu also failed to avail himself for four consecutive council meetings without being granted a leave of absence by the speaker and in breach of Item 4 (2) (Sanction for non-attendance of council meetings) of the Code of Conduct.
He is also accused of using the Municipal Manager’s letterhead in communicating the information of the municipality and this is in breach of Item 11 of the Code of Conduct
COGTA MEC Xolile Nqatha said he has executive powers to act on wrongdoings.
“As the Department, we have been vindicated by this judgement as some people believe that the MEC is not a role player in enforcing the code of conduct, the worst is to expect to wait for the councils even if they have demonstrated inability for wrongdoing. The Judge has made it clear that the MEC is empowered by Article 14 (6) (b) to remove a councillor from the office in the event of a breach of the provisions of Code of Conduct should it be of such a nature that it warrants removal,” said MEC Nqatha.
Nqatha added that it is important for leaders to put the interest of the people first and strive for good governance.
“It is important that good governance and interests of communities are prioritized by public representatives and rise above factionalism with elitist interests,” he said.