The ANC in KwaZulu-Natal says it has advised the eThekwini Metro Speaker, Thabani Nyawose to seek legal advice regarding the position of a ward councillor who has been in custody for 10 months but is still receiving a salary.
Councillor Mzimuni Ngiba is in custody pending his trial in connection with the murder of the ANC ward candidate, Syabonga Mkhize in the run-up to the 2021 municipal elections.
In the by-election that followed, Ngiba was elected as ward councillor to replace the deceased.
Opposition parties in eThekwini have questioned why Ngiba is still receiving his salary while he is in prison.
ANC provincial secretary, Bheki Mtolo says, “If you expel a member the first test you must pass your own Constitution, remember Rule 25 prescribe the misconduct and one act of misconduct that is prescribed is to be found guilty in a court of law for a serious crime and be sentenced to twelve months or more without an option of a fine. Rule 25 on charged members it talks about step aside, not misconduct. That’s why we are saying speaker get a legal opinion from a senior counsel, then from that legal opinion we will act decisively. If it says let’s expel the councilor, we can follow that and expel a councilor. We don’t want to fool ourselves and do something that will backfire on us.”
