Section 60 of the Local Government Act clearly states: “Notwithstanding any other provision contained in this Act, the Minister may, by order published in the gazette, suspend any member of a council, other than an ex officio member. Upon suspension, the member shall cease to hold office, and the Minister may also declare the seat of any such member to be vacant”. This provision grants the Minister sweeping powers, allowing for the suspension of council members or the revocation of their seats.
Even if many Ministers have not used the clause, such powers are granted. This section of the law empowers the Minister to take immediate action when necessary, providing a means of swiftly removing individuals from office while an investigation or legal process takes place. It is an essential tool to prevent individuals facing serious allegations from continuing to hold positions of power within Local Government. The law, however, does make an important exception for ex officio members, who are not subject to the same rules as elected representatives. In that regard, Minister Motshegwa has suspended nominated councillor Mmusi Jerry, a member who is facing serious accusations of defilement.
