eThekwini to scrap salary of murder-accused councillor – a year after arrest

eThekwini municipality speaker Thabani Nyawose will finally recommend the termination of an incarcerated ward councillor’s salary, a year after his arrest.

The speaker said the council could recommend an elected councillor be removed and have his remuneration stopped, but only the department of co-operative governance and traditional affairs (Cogta) could act on it.

Nyawose was responding to ActionSA’s call for him to have murder-accused Mkhipheni Ngiba removed as ward 101 councillor in the city.

Ngiba allegedly gunned down Siyabonga Mkhize and Mzukisi Nyanga while they were campaigning for local government elections in the Cato Crest informal settlement in October 2021.

Mkhize was touted as Ngiba’s successor after he won the ANC nomination process.

Ngiba was arrested in May 2022 and has been held in custody since, first at the Westville correctional services centre before being moved to the Kokstad maximum security prison along with three other co-accused.

During a picket outside Durban City Hall on Wednesday, ActionSA questioned why a councillor who had been in jail for a year was still receiving full perks.

“It’s also an issue of ethical leadership which we should portray and possess as the city. We can’t have a councillor who sits in jail and getting a salary package of about R541,761 [per annum] from ratepayers of eThekwini,” said ActionSA eThekwini caucus leader Zwakele Mncwango.

He said leaders should also consider the victims’ families in such cases.

“What does it say to a child or a mother who lost her husband and denied their family an income, yet someone who is accused of that is not suffering? Their family is well looked after by the municipality. So this is a question of ethical leadership,” he said.

In addition, ANC’s eThekwini regional secretary Musa Nciki said Ngiba's salary wasn't docked when he missed three meetings.

“He [Nciki] mentioned clearly that, as the ANC, they distance themselves from what is happening. They believe that you, as the speaker, should have used your power to remove the councillor. So we are here as ActionSA because we have no choice but to blame you,” he said.

“We do understand that the ANC could’ve also taken the decision because their constitution allows them to terminate membership of a councillor and then he automatically ceases to be a councillor, but they might be waiting for him to be found guilty by the court of law.”

Mncwango said Nyawose could have invoked the code of conduct to remove a councillor who missed three meetings but failed to do so.

Nyawose admitted a councillor who didn't attend three consecutive meetings should be removed but cited certain procedural obstructions before termination. 

He said the municipality approached Ngiba last year but didn't receive any explanation or report.

“We are now preparing a report to council to be tabled at the end of May in a council meeting.”

On why the process to terminate the councillor’s employment was only being considered now, a year after his arrest, Nyawose told TimesLIVE Ngiba had been sending apologies until November.

TimesLIVE

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