The Democratic Alliance (DA) caucus in the Ba-Phalaborwa Municipality, Limpopo, calls for the immediate removal of ANC Mayor Mirriam Malatji from office.
The DA demands that Mayor Malatji either resign in disgrace, be immediately recalled by the ANC, or be formally removed from her position.
This follows the lodging of a complaint with the police by a complainant—an intern at the municipality—in a rape case (case number 269/7/24 – Namakgale). According to the complainant, Mayor Malatji, accompanied by an Exco and ANC member, Thompson Nkuna, visited her and her family in an attempt to coerce her into withdrawing the charge of rape against the accused, a senior manager at the municipality. A phone containing a voice recording of the encounter, which has since been leaked, has been submitted as evidence.
The complainant alleges that the Mayor and Nkuna stated that they were sent by the accused, who sought forgiveness, was willing to meet with her family, and offered to provide monetary compensation in exchange for the charges being dropped.
In the interim, the accused has committed suicide.
The actions of Mayor Malatji and Councillor Thompson Nkuna are utterly unacceptable—especially in light of the recent global campaign of 16 Days of Activism Against Gender-Based Violence.
Their abhorrent conduct appears, at face value, to be criminal in nature. Approaching a complainant with the intent to persuade or pressure them to withdraw charges constitutes an attempt to defeat or obstruct the course of justice. Alternatively, the incident may amount to intimidation under the Intimidation Act.
Both officials appear to have contravened the Code of Conduct for Councillors, while the Mayor has seemingly violated her Oath of Office, which requires her to uphold the Constitution and all other laws, and hold her office with honour and dignity.
It is also alleged that Premier Phophi Ramathuba is aware of the matter. The Premier must address these allegations and explain her inaction as the Premier, the provincial leader of the ANC, and as a woman.
The ANC, as a governing party, must also account for these actions.
The Speaker of the Council is required to act and investigate the matter in terms of the Municipal Structures Act and the Councillors’ Code of Conduct. The DA will be calling for a special council meeting and will give notice of its intention to move a motion for the removal of Mayor Malatji. We will also write to the MEC for Cooperative Governance, Human Settlements, and Traditional Affairs (COGHSTA), calling for an investigation into this matter. Furthermore, a complaint will be lodged with the Public Protector.
The DA intends to meet with the Namakgale Police Station Commissioner to seek an update on the rape case as well as the alleged criminal and anti-women actions of Mayor Malatji and Councillor Nkuna. Should there be insufficient action, we will escalate the matter to the Independent Police Investigative Directorate (IPID).
The DA will not rest until Mayor Malatji is removed from office, justice is served, and the integrity of women restored.