ANC KZN says it can’t expel murder-accused councillor who is still receiving salary in jail

The African National Congress (ANC) in KwaZulu-Natal (KZN) has insisted that it will only expel its councillor awaiting trial for the murder of a fellow party member if he is found guilty.

Mzimuni Ngiba, who is an ANC ward councillor for Mayville and Manor Gardens in the eThekwini Municipality, has been in custody since his arrest in May last year.

The Democratic Alliance (DA) has since questioned why Ngiba was still receiving a salary from the city despite being in prison.

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Ngiba has been accused of killing his predecessor, Siyabonga Mkhize, ahead of the 2021 local government elections.

Mkhize was shot and killed alongside ANC member Mzukisi Nyanga during a door-to-door campaign in October 2021.

‘The law is the law’

Addressing the media on Wednesday, ANC KZN secretary Bheki Mtolo said the provincial party cannot just get rid of Ngiba without the necessary processes being followed.

“If you expel a member, firstly you must pass your own Constitution. Remember Rule 25 [of the ANC Constitution] expels you if you are found guilty of a crime and are sentenced to 12 months or more without an option of a fine,” he said.

“The only way a councillor loses a seat is if they resign, die or be expelled by his political party, or if they are found guilty and are sentenced to 12 months in prison or more.”

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He said Ngiba remained a councillor and in line with the ANC’s step-aside rule.

“The guy has not been convicted and I’m not sure the trial has even started.”

Mtolo said that the ANC KZN was waiting for a report from eThekwini council speaker Thabani Nyawose, who has to seek legal opinion on the matter.

“The speaker cannot undermine the law… the speaker must act on legal advice. The question is why he has waited so long that he must answer for himself.

“From that legal opinion, we will act decisively… if it says we must expel the councillor then we will follow that. We don’t want to fool ourselves and do something that will back fire on us.”

Today, Zwakele Mncwango led a team of Actionairs at the Durban City Hall to hand over a memorandum to the Municipal's Speaker, demanding that ANC murder-accused councillor who had been behind bars for 12 months while receiving his salary be removed as a councillor & from payroll. pic.twitter.com/SvXFXPSKT5

— ActionSA-KZN (@ActionSA_KZN) May 3, 2023

Mtolo also said while he understood the “anger” over Ngiba getting a salary while in jail, the National Prosecuting Authority (NPA) and the judiciary needed to speedily solve cases within a reasonable time.

“A year is 365 days by failing to bring someone to court, and say here is the man he has done one two three,” the ANC KZN secretary continued.

“It doesn’t look good that somebody who is there in jail and they get paid, but the law is the law.”

Councillors resigning

Mtolo indicated that ANC KZN was not concern over its councillors across multiple municipalities resigning.

“In fact, we are happy because when there is too rain then the possibility of wrong objects entering the sea is [something that is certain], but the sea always finds a way of cleaning itself and removing dirty outsiders. (sic)

“You will know that if you join the ANC, you must pledge to join the party voluntarily [and] commit to serve the people of South Africa without material advantage or personal gain, but also remain loyal to the Constitution of the ANC.

“If by chance you come through the backdoor and when you are inside, you realise this is not what I am [about] then you pull out, it’s a good thing because it’s a process where the ANC is cleaned of wrong elements,” he said.

Watch the briefing below:

Motlanthe report

Mtolo further said the provincial party was dealing with the report which recommending that several branch and regional leaders, who were involved in irregularities ahead of the municipal elections, be disciplined.

The report was tabled by former president Kgalema Motlanthe to the ANC’s national executive committee (NEC) in April.

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“The Motlanthe report says no councillor must be removed unless certain processes have been followed,” he said.

“As the PEC [provincial executive committees], we [dealt with] those matters, but the NEC had a strong feeling that we must further processes those matters which we are doing.”

The ANC KZN secretary confirmed that their report will be handed over to the party’s national officials in mid-May.

Outstanding remedial and disciplinary actions, Mtolo added, will be concluded and reported to the NEC by June.