KSD to appoint acting mayor after Nelani requests leave of absence

The King Sabata Dalindyebo municipality (KSD) is expected to appoint an acting executive mayor on Friday after mayor Nyaniso Nelani requested a leave of absence in light of his court appearance on fraud charges.

Nelani, municipal manager Ngamela Pakade, former chief financial officer Fudemele Eric Jiholo, Nelani’s personal assistant, Sibongile Moyi, and Cwenga Songelwa, a former PA to then agriculture, rural development and agrarian reform deputy minister Zoleka Capa, appeared in the Mthatha Specialised Commercial Crimes Court on Tuesday.

They face charges linked to the alleged fraudulent use of more than R57,000 in municipal funds for Nelani’s trip to an ANC election manifesto launch in Durban.

They were released on warning and the matter was postponed to July 10 for the defence to access the docket.

ANC OR Tambo regional secretary Vinny Tsita said on Wednesday that Nelani had submitted a written request to recuse himself from his duties pending the outcome of the criminal case.

Tsita said the ANC regional executive committee (REC) and regional working committee had met after the court appearance and consulted the party’s national leadership before resolving to implement the ANC’s step-aside policy.

“The REC notes that the executive mayor has voluntarily submitted a written request to recuse himself from the execution of his responsibilities pending the finalisation of the legal process,” Tsita said.

“The ANC acknowledges this decision as a demonstration of respect for the organisation, the rule of law and the integrity of public institutions.”

He emphasised that the decision should not be interpreted as a finding of guilt.

“The affected comrades remain entitled to the constitutional presumption of innocence until proven guilty by a court of law.

“At the same time, the ANC remains committed to ethical leadership, accountability, clean governance and the fight against corruption.”

Tsita said the REC would continue to monitor the matter in consultation with the party’s national leadership while assuring residents that municipal services would continue uninterrupted.

KSD council speaker Nomamfengu Siyo-Sokutu said the correspondence she received from Nelani did not refer to his stepping aside but instead requested a leave of absence.

“I am convening an urgent council meeting on July 3 to consider his request and also request council to appoint an acting executive mayor,” Siyo-Sokutu said.

“As the speaker, I am away, so I will also request council to appoint an acting speaker for the day.”

In a statement, Nelani said: “This decision to recuse myself is made in the interest of the people of KSD, the municipality and the integrity of the office of the executive mayor I have been entrusted to serve.

“I remain confident in the legal process and will continue to co-operate fully until the matter is finalised.”

The developments drew mixed reactions from business and opposition leaders.

Eastern Cape Chamber of Business secretary-general Dr Andile Nontso said the court case was taking place while businesses continued to face unresolved issues with the municipality, including what he described as excessive rates and service charges for small businesses.

The UDM chief whip in the KSD council, Raymond Knock, said though every accused person was presumed innocent, the allegations raised serious concerns about the management of public funds.

“This is not merely a court matter. It is a local government matter,” Knock said.

“Municipal funds must never be treated as private convenience money or party-political resources.”

Knock noted that the UDM had reported a fraud complaint against Nelani in 2025 and said residents deserved a municipality focused on service delivery.

KSD Business Forum deputy chair Lungelo Mpongwana described the case as unfortunate, saying it was taking place towards the end of Nelani’s term and was embarrassing for the municipality and the governing ANC.

Nelani had nevertheless been accessible to communities and willing to listen to their concerns, Mpongwana said.

Eastern Cape co-operative governance and traditional affairs MEC Zolile Williams’ spokesperson, Pheello Oliphant, said the ANC’s step-aside rule had been applied inconsistently across SA, with some mayors remaining in office despite facing criminal proceedings while others had stepped aside pending the outcome of their cases.

“But at present there is no specific clause which strictly stipulates step aside once a mayor is criminally charged except Section 58 of the Municipal Structures Act, which itself is vague,” he said.

Section 58 stipulates that a mayor, speaker or chief whip of a municipality can be removed from office by a council resolution supported by two-thirds of councillors or consensus due to the incumbent’s inability to perform his or her function.

Daily Dispatch