An eThekwini Municipality councillor who was arrested in June 2022 and charged with murder is still receiving his monthly salary as a trail awaiting prisoner.

This was confirmed in a statement by the municipality that was issued after public outcry in the matter.

Cato Manor (ward 101) councillor Mkhipheni Mzimuni Ngiba and three other men; Nkosinathi Emmanuel Nkosi Mlomo Ngcobo, Sandile Mzizi, and Sfiso Vincent Mlondo, were arrested in connection with the November 2021 murder of Siyabonga Mkhize – a prospective councillor in the ward.

Mkhize and his bodyguard were ambushed and shot dead, while two others sustained injuries. It is believed that the men were out campaigning at the time.

Mkhize won the elections posthumously which prompted the need for a bi-election in the ward. In February 2022, Ngiba was named the victor of the bi-election, retaining the ward for the ANC.

The fact that Ngiba, who is charged with two counts of murder still receives his salary from the municipality has sparked outrage from the public. The municipality notes in the statement that ‘it understands public interest in the matter and public expectation that the matter of Ngiba’s absence from council duties should have been speedily finalised’.

“However, in terms of the Code of Conduct for Councillors, there is a defined process that must be followed, failing which, the municipality could open itself up to legal challenge. Additionally, council has already approved the procedure that should be followed by the speaker in case a councillor is in breach of the code of conduct,” reads the statement.

The statement adds: “In terms of the Code of Conduct for Councillors, there are several steps that must be followed in instances of misconduct involving a councillor, such as chronic absence from council meetings. The steps include the speaker writing to the councillor and allowing him/ her to state his/ her case, among other steps. This has been done. The final step in the process is a report to the council authorising the speaker to sanction Ngiba. This report will be tabled in the next council meeting.”