Axed councillor vows to fight on after losing Electoral Court battle

Mbhashe’s Sitembiso Sicengu now plans to approach Johannesburg high court in dispute with Luthuli House

The Electoral Court on Thursday dismissed an application by a former Eastern Cape ANC councillor who dragged the Independent Electoral Commission (IEC) and its employee to court.

Sitembiso Sicengu, erstwhile Mbhashe municipality ward councillor, sought an order interdicting and restraining provincial electoral officer Khayakazi Magudumana, and the IEC from “disparaging his name” by stating he had been dismissed from the ANC.

Sicengu, who is a former ANC branch chair, was removed from council by the ruling party in 2020 after his membership was suspended for three years following a series of service delivery protests in his ward.

Sicengu defied the party’s instruction to resign in 2019, saying the community protests had come about only after he raised concerns over a R6m solar power project in his ward, which he claimed had not been done properly.

At the time, he said some of those behind the protests were people in his ward “who had benefited [from] the contract” he had questioned.

Though the ANC accused him of defying the upper structure when he dragged his feet when it ordered him to resign, Sicengu claimed the party had failed to fulfil its promise of redeploying him.

He then unsuccessfully sought an interdict restraining the declaration of the vacancy and the by-election.

The poll went ahead on November 6 2020 and his replacement was elected.

“The applicant does not seek the review of a decision of the commission relating to an electoral matter,” Electoral Court chair judge Dumisani Zondi said in his judgment.

“Neither the commission nor Ms Magudumana has made any reviewable decisions relating to an electoral matter.

“Additionally, the order sought by the applicant does not relate to an electoral matter as contemplated by section 20(1)(a) of the Act.

“While the genesis of this application is a dispute relating to the applicant’s membership of the ANC, the relief sought falls outside this court’s jurisdiction in terms of section 20 (2A) of the Act as it does not relate to the membership, leadership, constitution or founding instruments of a registered party.

“Thus, the application also does not engage this court’s jurisdiction in terms of section 20 (2A).”

Reacting to the judgment on Thursday, Sicengu, who is fighting for redeployment after his axing, said he was not throwing the towel in yet as he was waiting for his showdown with Luthuli House in the Johannesburg high court.

“I want to be compensated for my lost salary,” he said.

“The ANC promised me redeployment which has not yet happened; we will demand that in court [Johanesburg].”

In his correspondence to the party’s national leadership, Sicengu accused the ANC provincial leadership of backtracking on its initial offer.

“Suddenly, I was told there was no position readily available. Instead I was offered my monthly salary, equivalent to the one I received as a councillor, until some opening is available for redeployment.

“I flatly refused the new proposal as it gave me an indication of dishonesty and inconsistency on the side of the PEC while equally refusing to pen down any form of agreement from their proposal.”

In the letter, Sicengu said, as a loyal servant of the movement, he had never been found guilty of any transgression in the municipality where he was deployed. “I have never refused to answer to any justifiable allegations against me as per Municipal Systems Act 32 of 2000 or Municipal Structures Act 117 of 1998,” he wrote.

“I therefore find it inappropriate to be pushed to resign without adherence to any of the processes provided within my area of deployment.

“I equally find it inappropriate for the municipality to declare a vacancy in the ward where I am supposedly deployed, without me resigning.

“I therefore request your speedy intervention in this matter as it has caused me undue hardship and distress.

“My plea on this matter is to request your office to nullify the unlawful process of the provincial disciplinary committee.

“Your office must protect me against the onslaught and purge by simply nullifying the decisions of the provincial disciplinary committee.

“As a higher structure of the ANC, your office can overturn the decision as it seeks to undermine the constitution and integrity of the ANC.

“I must indicate that for the purpose of avoiding further delays, I respectfully request a response or progress report soon. I am tempted by external legal avenues to go to court on this as we are getting wrong information. There’s no council resolution to remove me.”

Sicengu lost his appeal when he took the matter to the party’s national disciplinary committee.

ANC provincial spokesperson Loyiso Magqashela had not responded at the time of going to print.