Sep 25, 2022

Mawazo Writing Africa

Writing about the main

Councillor fired for attacking a member of the public with a machete fails to have his axing overturned

A council member who was fired for assaulting a member of the public with a machete in a council chamber has failed in his legal bid to have his dismissal overturned.

A full chamber of the Supreme Court in Makhanda, Siyabulela dismissed Malawu’s appeal on Tuesday.

Eastern Cape Cooperative Governance MEC Xolile Nqatha dismissed Malawu, a former ANC councilor of the Amahlathi community, in 2020.

Malawu, the one Faced with a series of allegations in 2018 and 2019, he failed to cooperate with Nqatha’s investigation.

The former councilor was accused, among other things, of being a ringleader in mobilizing councilors to “and not sabotage council meetings to take part”.

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Malawu reportedly “attacked the member of the public with a machete during the council meeting in the council chamber,” where Nqatha’s predecessor presided over a departmental “support plan.” ellte.

He is said to have distributed the advice on jobs “only to comrades from his community”, frustrated community projects and publicly derided Adminis Trator appointed to run the community.

Malawu reportedly used took to social media and defamed a traditional leader and “used the community leader’s letterhead to communicate serious community issues without authority”.

The council spokesman was not spared. “Malawu continued to send threatening messages to the Speaker,” said Chief Justice Selby Mbenenge.

Shortly after he was sacked, Malawu filed an urgent motion in the Supreme Court to bar Nqatha from removing him from office remove pending completion any review request he had initiated. The review was dismissed in November 2020.

The Supreme Court of Appeals referred the matter to the full court after the judge who dismissed Malawu’s request denied him leave to appeal.

The whole bank heard that Malawu used a series of formalities to prevent the investigation launched by Nqatha.

Malawu was not re-elected in the November 2021 local elections but continued to pursue the matter.

Nqathi argued that the matter “is moot between the parties and will have no practical effect or outcome”.

Mbenenge dismissed the appeal with costs.

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