Another axed councillor turns to court to save his seat

Sitembiso Sicengu fights for council seat, takes appeal to Luthuli House

Yet another Eastern Cape ANC councillor has turned to the courts in a bid to retain his council seat.

Former Mbhashe councillor Sitembiso Sicengu, who was removed in April after his ANC membership was suspended for three years following a series of service delivery protests in his ward, which paved the way for his removal as an elected representative, wants the Mthatha high court to nullify his axing.

He is the third ANC councillor to take the legal route in a bid to keep his job.

Amahlathi ANC councillor Siyabulela Malawu wants the high court in Makhanda to set aside his axing by co-operative governance & traditional affairs MEC Xolile Nqatha after he was sacked amid allegations that included assaulting a resident with a panga inside council chambers.

He maintains his innocence. Malawu’s case is pending, while KSD councillor Mbongeni Mabaso, axed from council last week by Nqatha amid claims he pocketed R25,000 from a desperate home-seeker in his ward under the pretence of selling her an RDP house, is also challenging his axing in the Mthatha high court.

Mabaso’s case is set to be heard on August 25.

Sicengu was suspended by the provincial ANC in February after a lengthy disciplinary process, prompted by a series of service delivery protests in his ward in early 2019.

He was later ordered to resign as an ANC representative in Mbhashe.

Sicengu, however, defied the party’s instruction in September 2019, saying the community protests came only after he raised concerns over a R6m solar power project in his ward, which he claimed was not done properly.

At the time he said some of those behind the protests were people in his ward “who had benefited [from] the contract” he had been questioning.

Sicengu this week confirmed he had approached the high court over his suspension in the ANC and his removal from council, saying his council was wrong to execute the ANC directive to remove him while he was still appealing his membership suspension with Luthuli House.

He refused to discuss the matter further, saying he feared doing so would jeopardise his court action.

However, in his court papers, Sicengu asks the court to set aside his suspension and removal from council pending finalisation of his ANC appeal.

His council, the IEC and the ANC provincial executive committee are cited as respondents.

Sicengu told the court it was against the ANC constitution to remove him from his seat while his appeal process was still outstanding.

“The constitution of the ANC provides that a member, found guilty by a disciplinary committee of the ANC, shall have one further opportunity to appeal or apply for the review of proceedings to the appropriate disciplinary committee.

“It also provides that if a member has appealed against or applied to review a decision of the provincial and national disciplinary committees, the sanction imposed by such committee shall only come into operation after finalisation of the appeal or review,” he told the court.

His appeal was lodged on February 17.

“I consequently contend that my removal from council is contrary to the ANC constitution and consequently unlawful, unconstitutional, illegal and void.”

ANC provincial secretary Lulama Ngcukayitobi and the party’s PEC spokesperson, Loyiso Magqashela, could not be reached for comment on Thursday.

Sicengu ’ s matter will be back in court on August 25.

The constitution of the ANC provides that a member, found guilty by a disciplinary committee of the ANC, shall have one further opportunity to appeal or apply for the review of proceedings to the appropriate disciplinary committee