KwaDukuza Ward 13 councillor Nkululeko Qwabe has been cleared of misconduct allegations linked to the alleged illegal occupation and sale of land intended for government housing.

The municipality’s Rules and Ethics Committee dismissed the complaint after complainant Judas Jackson failed to attend two hearings to substantiate his allegations.

The decision follows allegations reported by the Courier (‘Councillor under fire over land invasion allegations’, May 8) that Jackson had accused Qwabe of involvement in the illegal occupation and alleged sale of land earmarked for the Steve Biko housing project. He also alleged that municipal officials and political office-bearers had failed to act on complaints about illegal structures on the property.

KwaZulu-Natal Cooperative Governance and Traditional Affairs MEC Reverend Thulasizwe Buthelezi referred the allegations to the municipality on April 7, requesting an investigation into possible breaches of the councillors’ code of conduct.

Municipal spokesperson Sifiso Zulu said Qwabe submitted a written response on April 16.

Jackson failed to attend the August 28 hearing despite several invitations. The committee postponed proceedings to September 23, but he again failed to appear.

“In the absence of a complainant, no evidence was placed before the committee, which had only the unsubstantiated allegations contained in the complainant’s email. The committee determined that there was no case for councillor Qwabe to answer,” said Zulu.

The committee also dismissed a separate misconduct complaint against Ward 16 councillor Sanele Mthiyane involving a contractor who allegedly rehabilitated Temple Grove Road without a contract issued through the municipality’s supply chain management processes and was subsequently not paid.

Zulu said the committee found no evidence of misconduct by Mthiyane, although the documents raised questions requiring responses from municipal officials. These fell outside the committee’s mandate.

An independent legal expert assisted with both investigations and submitted reports supporting the committee’s findings to council, Zulu said.