Why a KZN municipality wants to criminally charge the former mayor

12th December 2023 By: News24Wire

The Umvoti Local Municipality resolved to criminally charge the former mayor, Gabriel Malembe, for theft.

This was after the rules and ethics committee found him guilty of allegedly fleeing with R193 000 worth of furniture from the mayoral house.

He had been toppled as mayor of the Greytown-based municipality via a motion of no confidence in July.

The committee also resolved that Malembe, now a regular councillor, be expelled due to the alleged theft.

Elected as mayor during the 2021 municipal elections, Malembe was ousted after a deal by Abantu Botho Congress (ABC) and the African National Congress (ANC), which saw the two parties remove the then Inkatha Freedom Party (IFP) council leadership coalition of Malembe, the mayor, Noluthando Dlamini, the Speaker, and Bhojasi Dlamini, the chief whip.

It is alleged that, after their removal, Malembe stole the furniture. 

Approached for comment, Malembe said: "I left the house to the security guard. I took my clothes only. After that, I don't know what happened. It happened in June/July. I don't know why they're bringing it up now."

The report said Malembe was recused when the item was discussed in council. 

Although the report cleared him on allegations that he stole a firearm, which was allocated to his late bodyguard, the committee resolved that:

Items were removed from the mayoral mansion to the amount of R193 195; 

The vehicles assigned to the mayoral office - a Toyota Fortuner 2022 model and a Toyota Hilux Legend 50 - were stripped of "certain tools and accessories";

That Malembe be criminally charged and for a civil case to be opened against him; and

That the amount for the hand tools, battery, jacks and "all other missing and tampered with items" be consolidated and added to the R193 195.48 Malembe was liable for.

A council report, signed by the Speaker, Mfundo Masondo, said Malembe was allocated a mayoral mansion and a car. 

The report said: 

However, when the above municipal properties were returned after councillor Malembe exited, there were missing items.

The report stated that Malembe received a letter from the municipality, asking him what had happened to the items. 

According to the report, no response was given.

The complaint stemmed from the mayor, Philani Mavundla, of the ABC, who had been frustrated by Malembe's alleged refusal to vacate the mayoral house after he was ousted, according to a report attached to the municipal documents, which was seen by News24.

An asset verification report said Malembe was given a month to move out of the house. 

The asset verification report added: "The security [protectors of Malembe] couldn't be able to bring back the house keys, [citing] that the house keys were lost and that left us with no choice but to destroy the padlock gate. The previous mayor [Malembe's] VIP bodyguard Mr B Malembe didn't return the firearm."

The municipality was informed the bodyguard had died, and the gun couldn't be traced. 

Malembe confirmed that the late bodyguard was his brother.  

"When I went home, I left everything. [This is] new to me. I didn't take more than a month to move out. I took maybe two weeks," Malembe said.  

"They gave the bodyguards the guns. I don't know what happened when they terminated their contracts. Nobody gave me a gun. There is no mayor that carries a gun in South Africa."

Speaking to News24, Masondo confirmed all the documents' authenticity, and said it was discussed earlier this month.

He said: 

Being a believer, I am urging two gentlemen from the IFP, who are pastors, [Zululand District Mayor] Thulasizwe Buthelezi and [uMzinyathi District Mayor] Petros Ngubane to pray against the spirit of theft; it appears to be a stronghold plaguing their organisation. The fact that you can have spoons, curtains and beds stolen is an utter, diabolical disgrace.

"We have to emphasise that it's a sad day in history. We've had mayors come and go from various organisations. However, it's the first time that, when a mayor has left, furniture has gone missing from the mayoral mansion. It is unfortunate. It is an indictment against one who took an oath to even protect the assets of the municipality and to be a custodian of the rule of law."

He said Malembe's actions brought "shame" to the municipality, and eroded the trust of the public.