Presumed Innocent: municipal managers can stay in office during criminal trials - Hlabisa

Municipal managers accused of criminal offenses do not have to resign their positions pending trial, Minister Velenkosini Hlabisa has clarified. Hlabisa stated that criminal proceedings alone do not automatically disqualify a municipal manager from continuing to serve, as defendants are presumed innocent until proven guilty. This response came in answer to a question raised by Democratic Alliance MP Anna van Zyl, who inquired whether municipal managers facing criminal trials should remain actively in office until their cases are resolved.

Minister Hlabisa emphasized that while corruption, misconduct, or other unethical behavior cannot be tolerated in public office, the mere initiation of criminal proceedings does not inherently disqualify the accused from continuing to serve. The Constitution guarantees every accused person the right to be presumed innocent until a court of law proves their guilt beyond a reasonable doubt.

However, Hlabisa noted that this presumption of innocence does not exempt a municipal manager from taking appropriate action in response to serious allegations. Municipal councils must assess each case individually, considering factors such as the nature and seriousness of the charges, the connection between the alleged conduct and the manager's official responsibilities, and the potential impact on municipal records, witnesses, or investigations.

They should also evaluate the manager's ability to perform their duties and the municipality's operational and service-delivery interests.

Hlabisa stressed that any disciplinary or precautionary measures taken against a municipal manager must be lawful, proportionate, and in accordance with relevant legislative, labor, and disciplinary frameworks. These actions should not serve as a substitute for a finding of guilt. The Minister emphasized that the decision to take action would be based on a careful assessment of the specific circumstances of each case, ensuring that the presumption of innocence is respected while still protecting the administration, resources, service delivery, and integrity of the municipality.