The DA in Ekurhuleni lays Ethics Charges Against 13 EFF Councillors

by Cllr Michael Waters — DA Chief Whip of Council in the City of Ekurhuleni

Date: 11 December 2023

Release: Immediate

Type: Media Statement

The Democratic Alliance (DA) in the City of Ekurhuleni has laid charges against 13 EFF Councillors with the Ethics and Integrity Committee for going against their oath of office by passing verbal threats and violently assaulting DA Councillors in the Council Chamber, during an Ordinary Council Meeting on the 30th November 2023. This includes the EFF Speaker of the Council, Cllr. Nthabiseng Tshivhenga, for failing to protect councillors by enforcing the rules and procedures of council and 12 other EFF Councillors, some who are also members of the Mayoral Committee and Chairpersons of Oversight Committees.

The ethics referrals include breaches to several rules of conduct in the Council Standing Orders By-Law and the Code of Conduct for Municipal Councillors, which include amongst others — participating in disruptive behaviour when entering the council chamber; crossing the floor of the chamber to threaten and attack DA councillors at their benches during proceedings; using offensive, abusive, insulting and disrespectful language; deliberately creating disorder and disruption; using threatening violence, and; acting in a manner that is of serious detriment to the dignity, decorum and orderly proceedings of Council.

The ethics referrals have been forwarded to the Chairperson for the Ethics and Integrity Committee, Cllr. John Senona, who, alongside the Speaker of Council, will refer the matter for investigation. It is common practice per the Council Standing Rules to first report breaches to the Speaker of Council, however, the DA has opted to report these breaches directly to the Chairperson as we have found that the Speaker is biased in her judgement as several ethics referrals against members of her own party have gone unreported in the past.

The committee will then investigate and deliberate on the findings based on the facts and circumstances of the alleged breach and apply appropriate charges/ disciplinary action against the councillors who are found to be in breach following the investigation.

According to Item 16 (2) of the Code of Conduct for Councillors, “If the council or a special committee finds that a councillor has breached a provision of this Code, the council may issue a formal warning; reprimand the councillor; request the suspension of the councillor for a certain period; fine the councillor; or request the MEC to remove the Councillor from Office”.

The actions and behaviour of the EFF Councillors are an indictment of our Democracy and our Constitution and are not in the best interests of the Council or the residents of this Municipality. Councillors are elected to undertake the work of Council on behalf of the whole citizenry. It remains the duty of all councillors to facilitate and not obstruct the workings of the council. The violent and threatening behaviour displayed by these councillors was of serious detriment to the dignity, decorum, and procedures of the Council as it led to the eventual collapse and adjournment of the meeting.

The EFF then published a media release alleging “racism” on the part of the DA to justify this behaviour and conduct, however, it was later found that the disorder in the meeting was deliberately to prevent a Council item from passing, known as the “Institutional Review”. This item seeks to establish the staff complement of the entire municipality. The EFF are unhappy with the positions created for their cadres within the proposed structure and as such resorted to violent behaviour in protest. It is extremely disheartening that innocent DA councillors had to become victims of the EFF-led coalition’s political infighting.

The DA will protect the Council and its councillors at all costs. We cannot sit by and allow our democratic institutions to be turned into spaces of violent political confrontations and disputes. Councillors are elected to serve at the behest of their communities, and such should be allowed to exercise this right without fear or intimidation.

We cannot allow the EFF to use Ekurhuleni as a feeding trough, looting the metro through cadre deployment, while the residents cry for mandated service delivery.

The DA has challenged this matter since its inception, and following the brutal attack on DA Councillors, we have also laid criminal charges against those EFF members.

As the DA, we will not allow the doomsday coalition, of the EFF/ANC, to bring the City of Ekurhuleni to its knees.

Cllr Michael Waters

DA Chief Whip in Ekurhuleni

082 902 4523