The DA expressed grave concern in a media release after their findings that a councillor of the Makhado Municipal Council has a criminal record.

The Democratic Alliance demanded that the councillor be removed from the executive committee and from Council with immediate effect, according to their interpretation of the Municipal Systems Act.

“ANC Councillor Sipho Masuka has had a criminal record since September 2006. The Code of Conduct of the Municipal Systems Act, Act 32 of 2000, prescribes in detail that no candidate may make himself available if having a criminal record or carry on with his office as a public representative,” reads the DA’s media statement.

DA Councillor Brian du Plooy called on the mayor, Cllr Mavhungu Luruli, and the Speaker, Ms Joan Hoorzuk, to remove the said councillor urgently. Letters were sent by e-mail to the Speaker, mayor and Chief Whip, dated May 18 and June 11, but no answer has been received. The letters state that Cllr Masuka had not declared his criminal record and had been “convicted and found guilty at Waterval Regional Court on 24 September 2006, in the case between Masuka and Mostert, 24/09/2006 after taking office in the Makhado Municipality.”

Zoutpansberger’s news editor had a look at the Municipal Systems Act (Act No 32 of 2000) but could not find any reference that a councillor should be removed from office if he has been convicted with the option of a fine. “A person convicted of an offence and sentenced to more than 12 months’ imprisonment without the option of a fine, is disqualified to remain a councillor of the municipality…” states point 4 of Chapter 12.119 (Offences and penalties).

DA Councillor Brian du Plooy conferred with a DA legal expert who confirmed the validity of point 4. Cllr Du Plooy, however, was adamant that the DA demanded an answer from the office of the mayor.

“We are waiting for feedback,” Du Plooy said this week.

The background to the case is an incident where Cllr Sipho Masuka from Valdezia trespassed on Maclands Estate and allegedly damaged property. According to Mr Marius Mostert, manager of Maclands, Cllr Masuka illegally trespassed on the property by entering through one gate without permission of the security guard. The security guard informed the office by radio and the other gate was closed, whereupon Masuka allegedly broke the lock to force his way out. A case of trespassing and malicious damage to property was opened, with the case number 24/09/06. Mostert said that the case was heard three times in court and that Cllr Masuka was found guilty and fined around R1 500 for trespassing, but was found not guilty on the charge of malicious damage to property. The conviction and the imposing of a fine occurred in the Waterval Regional Court, round about a year after the incident.

At the time of going to press, the court in Thohoyandou was busy investigating the matter and requesting the dockets to verify the details.

Cllr Masuka, in the meantime, confirmed telephonically that he was indeed a councillor of the Makhado Municipality but denied that he had a criminal record.

“I have never been in court,” Masuka said.