Times Of Swaziland: COUNCILLOR SIKHATSI, 3 OTHERS SUSPENDED

COUNCILLOR SIKHATSI, 3 OTHERS SUSPENDED
================================================================================
BY BHEKISISA MAGONGO on 28/10/2018 05:12:00


MBABANE – The ugly warfare that preceded the contractual negotiations for CEO
Gideon Mhlongo has ended in pain for four councillors.
The quartet are former Mayor Sikhatsi Dlamini  of Ward Four who is fresh from
serving a two months suspension, Ward Three Councillor Mbutfo Nhlengetfwa,
Deputy Mayor Simangaliso Gama of Ward 12 and Musa Dlamini of Ward Two.
The cause of their suspensions developed from a recent audio clip where it was
alleged to have admitted to being bribed.
This was in relation to a lobbying meeting convened at Ezulwini with a couple of
legislators from the recently dissolved 10th Parliament.
The members were served with their letters of suspension last week, but still
pitched up for council business where the issues on the agenda included
discussing next year’s budget and the discussion of the organisation’s
five-year plan.
The biggest casualty of the four was former Mayor Sikhatsi Dlamini who,
according to the charges was cited as the main convenor of the lobbying meeting
in Ezulwini.
PARTICIPATING IN MEETING
He was also charged for defying the council by participating in a meeting at
Msunduza without being authorised to do so.
He had also been charged for a newspaper article dated October 15 in one of the
country’s daily publications where he was he was quoted saying that Mayor
Zephaniah Nkambule had no right to suspend him, in the process embarrassing and
undermining the council.
He was found guilty on all four charges and is facing four months suspension or
a fine of E900 that is payable within 30 calendar days upon receiving the
verdict.
The Mayor opted to let charges one, two and three run concurrently where Dlamini
had an option of paying E400 fine.
The penalty for charge four will be effective soon after the completion of the
sentence for charges one, two and three.
Ward Four Councillor Sikhatsi Dlamini confirmed the suspension, but he was quick
to state that he was preparing to file an appeal as soon as possible.
“I went to a council meeting and I was told that I was not supposed to be
there because of the suspension. I have since consulted and the resolution has
been to appeal to the decision,” he said.
When pressed further to elaborate on the charges and the sentencing thereof, he
said the truth of the matter was that the mayor had no legal backing to suspend
elected councillors.
“The mayor knows that he had no right to charge on such issues. What makes it
worse is that I was suspended without trial. I was only told to come and
mitigate after I have been found guilty in absentia when I had reported that I
was unable to come for the hearing for reasons I had communicated to them. I
couldn’t then mitigate, but as I have said before, I am still weighing my
options to appeal,” he said.
Meanwhile, Councillor Simangaliso Gama was slapped with a two months suspension
for having participated in the meeting with legislators where the main subject
was to oppose the ministerial directive issued by erstwhile Minister of Housing
and Urban Development Phiwayinkhosi Mendi Mabuza, compelling the council to
renew the contract of CEO Gideon Mhlongo.
Councillor Gama said he has appealed despite the fact that the verdict itself
did not make such provisions.
He went on to state that he was puzzled by the fact that his sentencing on
similar charges to the rest of his colleagues did not give him room for a fine.
“I have taken my chances to appeal the sentencing. The basis of my appeal has
been to seek for an option of a fine. To me it sounds unfair to be slapped with
a two-month suspension without being given the chance to pay a fine,” he said.
Councillor Musa Dlamini said he was a free man and when pressed on the charges
he said he did not want to elaborate.
SUSPENSIONS
Mbabane Mayor Zephaniah Nkambule confirmed the suspensions of the councillors,
but was quick to state that the process was still ongoing, adding that some have
exercised their right to appeal.
“It is an internal issue that we are still working on. The councillors have
started appealing their sentences.
The suspensions have been there, but will wait for the period of appeal to
expire before we could determine if they have all eventually appealed,” he
said.
However, Mbabane resident and former Mayor Zeblon Bhembe said the situation
between the councillors and the mayor was disturbing. He said while the mayor
had the responsibility to maintain order among councillors, suspending people
who were elected into office would not help the situation.
“There are circumstances where as a mayor you may take disciplinary action
against councillors who you view to be wayward.
“However, even then, there is an appropriate way of doing it. You allow one
councillor to raise a motion calling for action to be taken against those
councillors.
“What the mayor does then is to appoint a committee to investigate and bring a
report. You can only act upon the recommendations of the report, and that is
done to provide leeway for the councillors to appeal to you in the event they
have been found guilty,” he said.
He said at the moment, Mayor Nkambule should strive to unite the council than to
divide it with suspensions.
He said what made the suspensions controversial was that they bordered around
lobbying which he said was the essence of a councillor’s duty.
“You cannot divorce lobbying from politics and it is strange therefore to
learn that the mayor has suspended councillors for lobbying and or for attending
community meetings,” he said.