Cope councillor in Tshwane Murunwa Makwarela. Photo: Gallo Images
It is highly probable that many candidates were allowed to stand for public office by their political parties despite being ineligible, as was the case with the Congress of the People‘s (Cope) Murunwa Makwarela, who lost his Tshwane mayorship this week.
Makwarela, whose election as mayor was backed by the ANC and the EFF, is alleged to be an unrehabilitated insolvent and cannot hold public office in terms of Section 47(1)(c) of the Constitution.
Political parties are responsible for ensuring that their candidates clear ethical and integrity requirements before submitting their names to the Independent Electoral Commission (IEC) ahead of elections.
The list of candidates also contains their identity documents, photographs, and an undertaking that they are in good standing in accordance with the law.
Electoral expert Dr Nkosikhulule Nyembezi said it was possible that many public representatives are in the same situation as Makwarela, who had not been officially declared rehabilitated from insolvency, yet elected to manage millions in public funds.
It emerged this week that Makwarela had been declared insolvent in 2016, apparently due to a failure to pay his residential estate levies.
“It is highly likely that there are many others in the same situation, and it happens because elections are an administered process which also involves the eligibility requirements that candidates must comply with,” Nyembezi explained.
“Why was he not detected during election campaigns? One would think that a political party that is aware of issues of integrity and what the law says would have taken action to ensure compliance.”
ALSO READ: Tshwane’s newly-elected mayor Murunwa Makwarela disqualified for being insolvent
Nyembezi said it would be an indictment on Cope if it fails to take action and ensure that its public representatives are ethical.
“They must apply their ethics and code of conduct, and be seen applying good governance and complying with the law. If they do not act – because no one can force them to – then it becomes an indictment on them as voters might turn their backs on them.
“This applies across all political parties. Many of these parties know they deployed persons who did wrong things and yet argue they are waiting for the criminal justice system, but deep down they know. All this paints a picture of political parties being a liability to voters.”
Cope on Wednesday blamed ex-party members for the poor internal processes that came back to bite the party in the City of Tshwane.
The city said Makwarela couldn’t provide evidence and documentation to prove that he was financially rehabilitated.
Cope secretary-general Mxolisi Ntombela blamed former Gauteng leaders for the debacle, accusing them of failing to comply with the constitutional requirements.
“The new leadership in the province came in last year. There were people who led that process, such as chairperson Tom Mofokeng and David Malatjie as secretary of the province.
“It was them who conducted these processes, they were the ones who led and made this concerning and serious error. We are shocked by these developments,” he said.
The party scrambled on Wednesday to contain the saga, vowing to help Makwarela to clear his record.
“Because he revealed that matter to the party, it’s not his fault. The party was supposed to help him. We need to assist him to clear his records and get his documentation together. We abide by the constitution,” Ntombela said.
The process will be extended to other public representatives through its national office to ensure compliance, he added.
Makwarela on Wednesday insisted that he was still the mayor and that the city will soon receive his rehabilitation certificate.
READ MORE: Cope mayor rejects DA’s rebuff, pledges to save Tshwane from financial ruin
With the collapse of the coalition led by the Democratic Alliance (DA) and the subsequent resignation of former mayor Randall Williams, the ANC and EFF threw their weight behind Makwarela in council last week.
Moments after Makwarela’s election, Cope spokesperson Dennis Bloem bragged at a press briefing that theirs was not a proxy party to anyone, and that Cope was still alive and ready for next year’s general elections.
The EFF and the ANC were adamant that Makwarela remains a mayor and can only be removed through a motion of no confidence.
The ANC urged Makwarela to challenge the disqualification in court, claiming that the DA coalition knew about his status even when he was council speaker.
The EFF blamed city manager Johan Mettler after he notified the IEC about the disqualification. The red berets accused him of undermining the authority of the council.
“In the normal course of events, the municipal council must establish a committee to investigate, consistent with the code of conduct for councillors.
“All forms of alleged misconduct are referred to the ethics committee for investigation,” regional chairperson Obakeng Ramabodu said in a statement.
The IEC confirmed that it received notification of a vacancy at Tshwane, and that it gave the city 21 days to fill the post.
“In the present case, the party that had nominated the councillor has 21 days from the date of the vacancy, to amend its party list and to indicate to the Independent Electoral Commission a candidate to be declared elected to the vacant seat.
“In the event the party fails to amend its list, the Chief Electoral Officer will declare the candidate at the top of the existing list elected after the expiry of the 21-day period afforded to the party,” the commission said in a statement.
Meanwhile, the DA wants Makwerela gone and council sitting reconvened to elect another mayor.
NOW READ: City of Tshwane fails to elect new speaker as bribery claims fly
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