Cape Town - The Oudtshoorn Municipality, which has not taken any steps against its deputy mayor accused of groping his personal assistant, claims it has “no power” to remove the top council member.
This is after the ANC in council called for Mlandeli Nyuka to resign or face the possibility of a motion of no confidence after he lost his bail application in the Oudshoorn Magistrate’s Court on Tuesday.
Nyuka faces a charge of sexual assault.
The case was postponed to November 22 for the setting of a court date in the regional court.
In a statement on Wednesday, Oudtshoorn Mayor, Chris Macpherson’s office said a councillor may only be removed and a vacancy declared by the IEC on grounds including if the person resigned, was removed by the Local Government MEC Anton Bredell, or found guilty on criminal charges.
The office said neither the mayor, municipal manager nor council had the authority to remove a councillor who was involved in an ongoing legal process.
“Please note that no charges have been laid with the municipal manager or with the mayor, regarding the alleged incident.
“This means that there are no grounds for an investigation by the municipality.
The matter is now in the hands of the judicial system which will determine the outcome,” it said.
The 40-year-old Nyuka, who is also the president of the Suid-Kaap Saamstaan party in the DA-controlled municipality, was charged with sexually assaulting the 37-year-old employee in his office on September 27 this year, and allegedly offering her a better job in return for her silence.
He was arrested on October 2, and has since been fighting unsuccessfully to get bail.
During his appearances in the Oudtshoorn Magistrate’s Court, it emerged that he was out on bail on a rape case at the time of the latest alleged incident.
It also came to light that in 2013 he was found guilty of sexually assaulting an unnamed woman.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said: “He was arrested after he called his personal assistant to his office, locked the door behind her, promised her a promotion with a huge salary, lifted her dress and caressed her private parts, her buttocks and breasts.
“She managed to escape and told a friend about her shocking experience. A case was opened with the police at a later stage,” said Ntabazalila.
Oudtshoorn ANC chief whip, Zoe Tyatya, said they maintained that the councillor had to resign.
“As opposition parties we still need to meet and decide the next step following his bail application.
If he refuses to resign as we are requesting, we might bring a motion of no confidence.
He has been out of council for a while due to being arrested and in prison,” said Tyatya.
Cape Times