Isanco court battle on cards over replacing of EMLM PR councillors

An ongoing power battle continues to fuel tensions among Independent South African National Civic Organisation (Isanco) members, with calls to sanction the replacement of two Enoch Mgijima Local Municipality proportional representative councillors.

A letter shown to The Rep, allegedly signed by an Independent Electoral Commission (IEC) official, directed to the EMLM manager, states that Mncedisi Mbengo and Mthuthuzeli Qamngana are set to replace sitting PR councillors Anam Njikela and Mzwanele Mxakwe.

The letter states that Mbengo and Qamngana were top of the party list and had been declared elected to EMLM. This follows a long organisational dispute.

“As prescribed in item 18 of Schedule 1 of the Municipal Structures Act, 1998 [Act No 117 of 1998] these councillors replace the following outgoing councillors who ceased to hold office in the municipality: Anam Njikela and Mzwanele Mxakwe,” the letter read.

However, speaking to The Rep, Njikela and Mxakwe said they had not received any formal communication regarding their replacement and that the matter was still in court, adding they remained PR councillors.

A correspondence, also seen by The Rep, stated Isanco’s national management committee, deemed the highest decisionmaking body, did not give a mandate to anyone to unseat the councillors, and a resolution that no councillor be removed from any municipal council was still valid.

It was also highlighted that correspondence was continuously submitted by an illegal structure which had sanctioned the councillors’ removal.

The Rep previously reported (Power struggle rocks Isanco, November 26 2021) that Njikela and Mxakwe were slapped with letters of suspension after the party sought to replace them just days after they were sworn in as PR councillors late last year. The councillors later took legal action against the party.

Isanco spokesperson Axolile Masiza said the region was addressing the matter.

“Our councillors will, very soon, join the EMLM council and we must say our national office has been a helping hand.

“It has been a struggle from both the municipality and IEC at provincial level, but we managed to get to this point through the national Isanco secretarygeneral’s office.”

Masiza said both Mbengo and Qamngana were suitable candidates, and had been from the onset.

“The organisation continues to follow due processes of deploying members within our organisation. So far we acknowledge receipt of the letter and have been busy looking at dates for the swearing in.” Regional chair Thembile Marmani said the court application was filed after the outgoing members resisted being replaced.

Marmani said a performance evaluation process after election revealed that Njikela and Mxakwe had underperformed in terms of numbers.

“Secondly, the list we had submitted was a compliance list, not a final one, and they were claiming they were number one and two on the list.

“We have incurred costs in the process. They will have to bear the costs. We are just waiting on a court order.

“We must also take into consideration that the municipality [municipal manager] also played a role in defence of people representing a political party.

“As an organisation we would like council to hold the MM accountable because this involves ratepayers’ money which was paid to individuals who were expelled from the organisation and they were aware of that but still continued.”

EMLM spokesperson Lonwabo Kowa confirmed the municipality had received the letter relating to the replacement of the councillors and that further announcements would be made soon.

The IEC’s Julie Stanworth said the letter was sent by the IEC national office to EMLM.

“We can confirm the originality of the letter and the contents thereof,” said Stanworth.