The Eastern Cape Cooperative Governance and Traditional Affairs Department has lauded the decision taken by the Grahamstown High court to dismiss with costs an application filed by former Amahlathi Local Municipality Councillor Mr Siyabulela Malawu. Mr Malawu approached the Grahamstown High Court challenging MEC Xolile Nqatha’s decision to expel him as the councillor of Amahlathi Local Municipality.

Mr Malawu was dismissed for violating the following rules:

  • 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”.
  • He failed to attend four consecutive council meetings without being granted a leave of absence by speaker and in breach of Item 4 (2) (Sanction for non-attendance of council meetings) of the Code of Conduct.
  • He used Municipal Manager’s letterhead in communicating the information of the municipality and this was in breach of Item 11 of the Code of Conduct.

“As the Department we have been vindicated by this Judgement as some people believe that I am not a role player in enforcing the code of conduct. The worst is to expect me to wait for the municipal councils even if they have demonstrated inability to deal with 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 breach of the provisions of Code of Conduct should it be of such a nature that it warrants removal,” said MEC Nqatha.

“It is important that good governance and interests of communities are prioritized by public representatives and rise above factionalism with elitist interests,” he added.

For further information, please contact:Mr Makhaya Komisa (MLO) on 0663818259 or Mr Mamnkeli Ngam (Department spokesperson) on 071 685 7981