Mandeni councillor removed from office after misconduct investigation

The ANC councillor for ward 11 in Mandeni, Caroline Lungile Mthembu who was removed for soliciting a bribe from a contractor who was tarring a road in her ward.

KwaZulu-Natal Cooperative Governance and Traditional Affairs (Cogta) MEC Thulasizwe Buthelezi has removed Mandeni Local Municipality councillor Caroline Lungile Mthembu from office with immediate effect following an investigation into allegations of misconduct.

The decision was taken in terms of Item 16(7)(b) of Schedule 7 to the Local Government: Municipal Structures Act 117 of 1998, as amended.

According to the department, the investigation found that Mthembu had committed multiple serious breaches of the Code of Conduct for Councillors. She was given an opportunity to respond to the allegations but did not submit a response.

Buthelezi announced Mthembu’s removal on Thursday, two days after the final sitting of the Mandeni Local Municipality Council for the 2021–2026 term and just 13 days before voters elect a new cohort of councillors.

The MEC said misconduct by elected representatives undermined the integrity of local government, damaged public confidence in municipal institutions and compromised the ethical standards expected of public office-bearers.

“Public representatives are entrusted with serving communities honestly, ethically and in the best interests of the people. They are expected to uphold the highest standards of conduct and accountability. Where serious misconduct has been established through the appropriate processes, action must be taken in accordance with the law to protect the integrity of local government and maintain public confidence in municipal governance,” he said.

Mthembu’s removal follows a leaked voice recording in which she allegedly discussed a R100 000 payment with a contractor whose company had been awarded a R2 million tender to tar a gravel road in her Ward 11. In the recording, the contractor says he can afford only R10 000.

At the time, Mandeni council Speaker Phindile Sishi said Mthembu had not denied the allegations but maintained that she was not soliciting a bribe and wanted to establish a programme in her ward.

Sishi said the municipality had no committee authorised to request money from contractors for community projects and that councillors were not permitted to solicit such payments.

Cogta spokesperson Siboniso Mngadi confirmed that the investigation had recommended Mthembu’s removal.

“All councillors are bound by the standards prescribed in the Code of Conduct for Councillors and must be held accountable for their conduct in accordance with the law,” Mngadi said.

He said the department would continue to ensure that councillors complied with the code to support accountable local government and service delivery.

Sishi was contacted for comment but said she was in a noisy area and would call back. She had not responded by the time of publication.

The outcome of the Speaker’s own probe into the matter remains unclear.

Mthembu chaired the municipality’s Gender Sub-Committee and Women’s Caucus. She was also noticeably absent from the ANC’s list of councillor candidates for the upcoming local government elections.