Durban - The killing of a Nongoma Local Municipality councillor has prompted calls from the National Freedom Party (NFP) for by-elections to be stopped, especially in tightly contested councils where a ward councillor has been killed.
The NFP’s Canaan Mdletshe has suggested that the jostling for ward councillor positions was among the main reasons for the killing of councillors in KwaZulu-Natal.
Ntombenhle Mchunu, who was killed while sleeping in her Nongoma home on Sunday, was the NFP’s proportional representation (PR) councillor, which means that her death does not warrant a by-election.
However, Mdletshe said the party was alarmed by public representatives being killed in KZN.
He said a move to temporarily stop by-elections would warrant an amendment to the Electoral Act, giving more powers to the Electoral Commission of South Africa (IEC) to administer this.
“We are tired of constantly sending messages of condolences because another councillor has been killed and we think something ought to be done about this, and an amendment to the current legislation would be a good start,” said Mdletshe.
DA KZN leader Francois Rodgers said while he was not sure whether such a proposal would pass the constitutional test, it was an important discussion to be held among parties.
“There is something to bear in mind that in some instances there could be internal party dynamics playing out in the killing of representatives, just as there could be a jostle for power among parties, but the fact of the matter is that people are getting killed,” said Rodgers, conceding that the killings warranted a discussion and a solution as the 2024 elections were drawing nearer.
ANC KZN secretary Bheki Mtolo expressed interest in the suggestion, but could not elaborate further due to time constraints. “It is a very good debate to be heard, but you have caught me at a bad time,” said the ANC secretary.
IFP KZN chairperson Thami Ntuli, who spoke in his capacity as the KZN chairperson of the SA Local Government Association (Salga), called for a thorough investigation into the killings.
“We have had a few cases where with the arrests and convictions the evidence suggested that it had not been parties that were contesting for power which led to the killing of councillors. So we really need to check the source of killings in considering such a step.”
Academic and political analyst Professor Bheki Mngomezulu said there would always be a need to fill the vacancy once one candidate has died as this was a constitutional imperative.
He added that if the NFP’s proposal was properly phrased, the discussion on icing ward by-elections could be a good one to take place. “In principle it is a discussion that is worth having, but there are many dynamics to take into consideration, including the possible changes in the legislation and even an amendment to the Constitution.”
IEC KZN spokesperson Thabani Ngwira said it was up to political parties to determine whether there should be any changes to the Electoral Act.
“They sit and are represented in Parliament where laws are made. So for any changes to the legislation it would be through them as lawmakers.”
He added that owing to the disputes in the NFP, the vacancy was set to remain following Mchunu’s death.
“If she had been a ward councillor we would be waiting for the municipal manager to declare a vacancy at Nongoma Municipality; however, because this is a PR seat, and there is this dispute, the vacancy could last until the end of the council term,” he said.