Dear Mr. Kate
I am bringing this matter for your urgent action and given that in January 2024, you deposed to an affidavit before the Electoral Court alleging that the Makana Municipality is financially bankrupt and cannot afford to pay two sets of councillors. You also confirmed that the matter of the MCF leadership dispute is an intra and inter-party matter and the municipality has no jurisdiction.
On 13 May 2024, the Electoral Court delivered a judgement and various orders. For ease of reference, please find the attached copy as MCF1. From a plain reading of this judgement, it is very clear that the municipality was ordered to reinstate duly elected and lawful MCF PR Councillors and remove the former councillors who were since disqualified and removed by the Electoral Court.
On 30 May 2024, the municipality issued a press statement in which the Speaker alleged that the municipality had not received any list from the IEC of the replacement councillors. For ease of reference, see the attached copy as annexure MCF2.
On 6 June 2024 the IEC submitted a letter to your good self and to me as the leader of the MCF. The content of the letter is clear and unambiguous which is easy to understand. See annexure MCF3. In the High Court urgent matter, you alleged that you have tried to seek clarity from the IEC in the wake of the leave to appeal but never attached a copy of such a letter.
The IEC has since reaffirmed the contents of this letter in terms of its email attached herewith as annexure MCF4.
From the content of this latest email from the IEC, it is very clear that, in the proportional representation system, all municipal councillors are drawn from a party list and registered with the IEC, an independent body responsible for elections in South Africa.
In line with both the Electoral Court and official MCF records registered with the IEC, the following are only duly elected and legitimate MCF PR who represent the MCF in the Makana Local Municipality, namely, Cllr Lungile Mxube, Cllr Philip Machanick, Cllr Khungeka Mashiane, Cllr Jonathan Walton and Cllr Jane Bradshaw.
There is no legal basis for the municipality to unlawfully keep members of the public and replace the lawful MCF PR councillors. The ANC Speaker has no statutory powers to insist on keeping and inviting people who were disqualified by the court and keep them in the name of the MCF. He is not an MCF member and will never be a member now or in the near future.
You are therefore hereby formally informed to immediately update municipal records, register the MCF councillors in line with the Electoral Court order and legitimate PR List that is registered with the IEC.
On 13 June 2024, the municipality released a statement in the Grocott’s Mail and I quote the relevant part below:
He further stated that the replacement and removal of PR councillors is done by the IEC and not the municipality. However, he stressed that the municipality had no intention of not complying with the Judgment. “The status of a person to become a PR councillor and the removal of a PR councillor is done by IEC, not the municipality.”
He went on to explain that attached to the salary benefits of a councillor in a municipality, “one must first be confirmed as a PR councillor by the IEC and thereafter, one will receive such salary benefits of a PR councillor from a municipality and unfortunately such confirmation was received by the municipality only on 6 June after the leave for appeal was launched on 30 May.” For ease of reference please see attached MCF5.
It is therefore very clear that, party political list is managed by IEC and in order to be a councillor, you must be in the party PR list registered with the IEC. I confirm that Zonwabele Mantla, Milo Geelbooi, Thandisizwe Matebese, Lungisa Sixaba and Amanda Deke are not MCF PR councillors and therefore, to continue paying them a salary budgeted for lawful MCF PR councillors, amounts not only to fruitless and wasteful expenditure but reckless spending of taxpayers.
This practice is unlawful and amounts to fraud, corrupt practice and money-laundering and should you not stop this immediately, we will be left with no other option but to take further legal action and report this bad governance practice to both the Minister of Cogta and the Public Protector for further investigation.
Please confirm that the MCF PR councillors in line with the IEC letter are registered on 18 October 2024 and that the municipality must pay our May 2024-October 2024 salary before the end of October 2024.
Please acknowledge receipt of this letter.
Yours For Good Governance
Lungile Mxube
Makana Citizens Front (MCF) Leader
Makana PR Councillor, Member of Infrastructure and Engineering Portfolio
Committee, Member of Municipal Public Accounts Committee and Member of
Municipal Skills Training Committee
