Durban - THE DA has criticised eThekwini Municipality’s legal unit and acting mayor Fawzia Peer for allowing an ANC councillor, who was arrested last week during a protest outside the city hall, to attend a meeting on Wednesday.
The DA’s chief whip in the city’s community safety and security portfolio committee, Shamendri Sewshanker, alleged that councillor Stanley Moonsamy, the ANC’s chief whip in the committee, was one of those arrested during a protest held by suspended mayor Zandile Gumede’s supporters, demanding her re-instatement.
The protest led to the arrest of Independent Media journalist Sihle Mavuso for recording what appeared to be police brutality against one of the protesters.
During the committee meeting at the city hall yesterday, Sewshanker questioned the legality of Moonsamy’s presence, given that there was a restraining order against all those who were involved in the protest from accessing the city hall.
According to the order obtained by the city, and which has been put up at the entrance to the city hall, the respondents (although not named) should not be closer than 300m from the entrance, the Florence Mkhize Building (at 251 Anton Lembede Street) or Shell House (at 221 Anton Lembede Street).
Sewshanker said she raised an objection to Moonsamy’s presence at the meeting, but it was ignored.
“We went to Durban Central police station to open a contempt of court case against him. A police captain sent us to the magistrate’s court where we met a senior public prosecutor. When she saw that the applicant was the city, the prosecutor suggested that we go to the city’s legal department,” Sewshanker said.
She said they would write to the legal department for clarification on why no action was taken by the city against Moonsamy. The party is also contemplating writing to the KwaZulu-
Natal Law Society to look into the inaction against this transgression.
Moonsamy said it had not been proved in court that his arrest was linked to the protest.
“As a councillor and member of the safety and security portfolio committee, I was there (during the protest) performing my duties, so were the journalists who were arrested for taking videos at the time.
“Seven of us were arrested, and there’s only one charge against me, of wilfully holding up traffic. I was released the same day on bail. The matter is still under investigation,” he said.
Fawzia Peer, as committee chairperson, refused to comment.
Municipal spokesperson Msawakhe Mayisela said: “Those responsible for the protest are not known to the municipality, and the city is unaware that some of the protesters were ANC councillors.” He said that protest leaders or participants were unknown to the municipality.