IEC rejects Govan Mbeki Municipality’s Ward 14 vacancy declaration

The Independent Electoral Commission (IEC) has rejected Govan Mbeki Municipality’s declaration of a ward councillor vacancy following the resignation of eMbalenhle Ward 14 councillor Jabu Zwane on May 28.

According to the IEC, the municipality failed to meet the legal deadline for declaring the vacancy. Section 18, Paragraph 1(a) and (b) of the Municipal Structures Act 117 of 1998 requires that when a councillor resigns, dies, or is expelled by their party, the municipal manager must notify the IEC’s Chief Electoral Officer within 14 days.

IEC Mpumalanga Communication and Stakeholder Liaison Thanduxolo Chembeni confirmed that the municipality only submitted the vacancy declaration on August 5, more than two months after Zwane’s resignation.

“In terms of time frames, the municipality failed to declare the vacancy within the required 14 days. The municipal manager, on behalf of the municipality, should have immediately written to the IEC upon receiving the resignation letter,” said Chembeni.

He added that although the municipality submitted the correct documentation, including the resignation letter and declaration of vacancy, the late submission meant the IEC could not accept it.

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The IEC has advised the municipality that, since the declaration was rejected due to lateness, they must now make the declaration of vacancy through the MEC for Human Settlements, Co-operative Governance and Traditional Affairs, Speedy Mashile.

“The MEC will then have 14 days to declare the vacancy to the IEC,” Chembeni explained.

However, Zwane has disputed the municipality’s declaration. He told Ridge Times that he withdrew his resignation in July following discussions with his party, the African National Congress (ANC).

“I was shocked to hear that a vacancy was declared. As far as I know, I withdrew my resignation in July after negotiations with the ANC leadership. Later that month, the executive mayor, Nhlakanipho Zuma, even called me and instructed me to return to work,” said Zwane, who also serves as the municipality’s MMC for Technical and Mechanical Services.

The DA in Mpumalanga has written to the MEC of CoGHSTA, Speedy Mashilo, demanding urgent intervention in Ward 14 and proper declaration of the vacancy.

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James Masango, DA spokesperson for CoGHSTA, said his party condemns the fact that Ward 14 residents were without a councillor for almost three months due to internal disputes.

“We understand that the reason for this lies in the time gap between the vacancy arising on May 28 and its eventual declaration on August 5. On May 28, Jabu Zwane tendered his resignation to the Speaker of Govan Mbeki, Fikile Magagamela,” said Masango.

Masango explained that Zwane allegedly criticised the ANC leadership for only noting a report concerning a security services tender rather than taking steps to prevent similar issues in the future. He also alleged that an MMC and a member of Parliament have been influencing staff hiring in the municipality.

“Among these allegations, the Speaker of Council refused to accept Zwane’s resignation and did not inform the Municipal Manager, Elliot Maseko. As a result, the vacancy was not declared within 14 days. Nonetheless, Zwane stated there were deliberations between him and the ANC between May and August as they tried to resolve this matter internally.

“He agreed and formally signed a retraction of his resignation letter. However, despite this, the ANC forged ahead and declared a vacancy in Ward 14 on August 5. The ANC must stop being biased and ensure they comply with the constitution and the laws of this country whenever a vacancy arises,” Masango said.