ANC in KZN explains why murder-accused eThekwini councillor has not been fired: The ANC in KwaZulu-Natal on Wednesday said for now its hands are legally tied on the matter of a councillor accused of murder who has been earning a salary while in jail.
While the ANC’s step-aside rule kicks in for charges relating to serious crimes, Mtolo emphasised that a councillor would still remain in office, according to the law.
Another means to remove an elected councillor is when they miss three consecutive council meetings. However, Mtolo said legal procedure dictates “that removal must follow the process of natural justice, meaning that person must defend themselves — if they are missing council because they are in jail and attending trial, not that they did not want to come to council”.
To emphasise his point, Mtolo recalled another councillor from the same municipality who faced similar circumstances. “The PEC [provincial executive committee] asked him to resign, he refused and said he was innocent — then his charges were withdrawn.” Mtolo, who is a former mayor, admitted that having a murder-accused councillor on its payroll “does not look good” for the municipality. He emphasised that the“The speaker cannot undermine the law — the speaker must act on legal advice. The question is why he has waited so long — that he must answer for himself,” he added.
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