Five Economic Freedom Fighters (EFF) members are out on R5,000 bail each on allegations that they were part of a group of people that stormed the uMhlathuze Municipality’s offices on Thursday.
On Wednesday, Sabelo Khubisa, Simphiwe Ndlela, Simo Gumede, Vusimuzi Cele and EFF provincial chairperson Mongezi Twala made a brief appearance in the Richards Bay Magistrates Court where they were granted bail.
Last week the uMhlathuze Municipality filed a case at the Richards Bay SAPS against the EFF following an illegal gathering.
The gathering, the municipality stated, was not sanctioned under the Gatherings Act No. 205 of 1993. According to the municipality the accused handed themselves over to the police. The accused face the following charges: Illegal gathering: Non-compliance with the Gatherings Act No. 205 of 1993; Assault for allegedly assaulting an employee of the uMhlathuze Municipality and damage to municipal infrastructure: Destruction of municipal property during the incident.
The matter was adjourned to March 4.
The municipality stated that although bail was not opposed by the prosecution, the magistrate decided not to grant bail while investigators verified information. The accused remained in police custody until their court appearance on Wednesday.
The EFF protest was to demand the replacement of three of its councillors. EFF provincial spokesperson, Mazwi Blose, said the municipality refused to replace EFF councillors who were expelled by the party. Blose explained that following the 2021 local government elections, where the EFF secured six council seats, uMhlathuze Municipality was left hung with no outright winner.
“Due to internal organisational processes leading up to the EFF’s 10th anniversary in 2023, three councillors were disciplined and subsequently expelled from the party,” Blose said.
He added that despite clear communication from the EFF and its legal team, the municipality refused to remove and replace these expelled councillors, claiming that the matter is before the courts. Blose alleged the municipality is using the expelled councillors to gain an ‘illegal majority’ in the council.
After being given bail, Twala addressed supporters outside the court. He said that the EFF councillors are not recognised in council and that from 2023, any uMhlathuze Council resolutions that were taken in the presence of these “illegal” councillors must be nullified.
“They are not going to silence us in Mtubatuba. We won’t be silenced by any arrests or by any court. We are taking this a step further. They tried stealing our Exco seat. We are not going to back down. This is the property that rightfully belongs to the EFF,“ Twala said.
The uMhlathuze municipality emphasised the importance of upholding the rule of law and ensuring accountability for any damages caused.