THE SA Municipal Workers' Union (Samwu) is considering legal action to challenge the ANC's reinstatement of Matjhabeng Local Municipality mayor Thanduxolo Khalipha despite his assault and crimen injuria conviction.
Khalipha was sentenced to a fine of R5,000 or three months imprisonment on one count of common assault by the Odendaalsrus Magistrate's Court in December.
On crimen injuria, he was fined R1,000 or a month in prison on each. Khalipha stood trial for assaulting one of his bodyguards and was subsequently found guilty and convicted. Throughout his trial, the municipality had an acting mayor, Hlobohang Mokhomo, who held the position until Khalipha returned to office over a week ago.
Samwu Free State provincial secretary Thabang Tseoua said the union would hold a meeting with its members in the municipality on Wednesday to chart a way forward on its next probable course of action.
"Secondly, tomorrow (Thursday) we have a session with our attorney to establish if we have any legal basis to challenge his return," he said.
The union has also demanded that the ANC immediately reverses Khalipha’s reinstatement and enforce his permanent removal in line with its own provincial executive committee resolution and to stop undermining council processes.
According to Samwu, the ANC must apply the step-aside rule uniformly and ensure that no leader accused of serious crimes – including Khalipha – remains in office while under investigation.
In addition, Samwu wants independent forensic audits into Matjhabeng’s affairs, missing firearms and all tenders approved under his tenure and for the findings to be made public.
On Wednesday, Khalipha indicated that his office and that of the acting municipal manager have started a process of meeting all political parties represented in council.
He said he was doing this to ensure that all political parties focus on what they were elected to do, saying he has already met the EFF leadership both in the province and nationally and will meet the DA next week to make sure that there is stability.
"In any municipality where there is no stability, there is no investor that is going to come and invest," Khalipha said.
He said there are plans to improve the municipality’s relationship with recognised unions and admitted that it did not have a good relationship with Samwu.
Samwu has been critical of Khalipha’s reinstatement, saying it entrenches years of ANC-enabled impunity.
"Under his leadership, Matjhabeng’s finances were plundered through reckless schemes, including the procurement of a defunct second-hand vehicle fleet that drained millions from municipal coffers while residents suffered chronic water shortages, electricity blackouts, and uncollected waste," the union said.
The DA and the EFF did not respond to requests for comment.