Opposition parties call for speaker's head after city removes councillor arrested for murder a year ago

The eThekwini council has approved the removal of a murder-accused ward councillor who has been in jail for more than a year.

Speaker Thabani Nyawose's recommendation in a report to terminate the employment of ward 101 councillor Mzimuni Ngiba was unanimously approved during a council meeting on Wednesday.

Ngiba is charged with breaching the councillor’s code of conduct for missing more than three consecutive council and committee meetings without providing an apology.

Ngiba has been incarcerated since May 2022, first at Westville Correctional Services Centre before being sent to Kokstad Super Maximum Prison.

He is accused of shooting Siyabonga Mkhize and Mzukisi Nyanga while they were campaigning in Cato Crest informal settlement in October 2021.

Mkhize was nominated ahead of Ngiba as the ANC’s representative and was elected ward councillor.

After his death, Ngiba was elected in a by-election but has been behind bars for most of the time.

Ngiba wasn't removed from his position and has received his salary while in custody.

Nyawose was accused by opposition parties of inaction against Ngiba.

Opposition parties accepted the report but questioned Nyawose for not acting swiftly against Ngiba.

Active Citizens Coalition head Imtiaz Syed asked: “If any other party had a councillor arrested for the murder of his predecessor, would you have acted the same way you did in the case of Ngiba?”

IFP caucus leader Mduduzi Nkosi said the speaker had taken too long to act against Ngiba because he was from the ANC. He said they had wasted taxpayers' money and Nyawose should be brought before the ethics committee.

“You forget it is taxpayers' money paying Ngiba. You must be subjected to the ethics committee. You must be charged because you failed [in] your duty and the office of the speaker. We don't trust you if you conduct yourself in this way. And the money must be recovered because it belongs to taxpayers,” said Nkosi.

The DA’s Vincent Mkhize said Nyawose should have flagged Ngiba’s absence earlier and taken immediate action. Nyawose should be held to account for “allowing a prisoner to collect a salary [while] behind bars”.

“As a government in waiting, we are prepared to table a motion of no confidence in the speaker. It’s time to rid our municipality of self-serving individuals who prioritise their own interests over the needs of the people.

“We will also seek to have the payment of an imprisoned councillor declared fruitless and wasteful expenditure.”

Nyawose maintained he was satisfied with how he handled the process. He said he had to be careful in handling the matter because a wrong recommendation or decision would bring the council into disrepute and he would be judged for handling the matter “clumsily”.

“The speaker of council has a bigger responsibility to make sure the decisions I take do not open a gap to be challenged in court.

“The way I handled Ngiba’s matter was professional, legal and I complied with all the provisions in our rules of order and legislation.”

Early this month, Nyawose told SowetanLIVE's sister publication TimesLIVE there were “procedural obstructions” that hindered automatic termination. He said Ngiba had been sending apologies until November which prevented him from recommending his removal.

TimesLIVE