An Eastern Cape municipality has moved to revive a legal war its own mayor appeared to bury after allegedly being branded corrupt on social media, issuing a fresh letter of demand against a former Expanded Public Works Programme (EPWP) worker after an earlier court case was withdrawn with costs.
Emalahleni Local Municipality has now threatened the former worker, Xolisile Pemba, with urgent legal proceedings over Facebook posts in which he allegedly made defamatory claims, despite mayor Ntombizanele Flowerdale Koni previously retreating from a similar court battle.
In the earlier High Court matter filed in Mthatha, Koni was listed as first applicant and the municipality as second applicant. That application was later withdrawn, with the applicants tendering Pemba’s wasted legal costs.
Defamatory statements
Now, in a striking twist, attorneys acting this week state they represent only Emalahleni Local Municipality, leaving the mayor’s name out of the renewed threat.
The municipality’s lawyers accuse Pemba of publishing “false, misleading, and defamatory statements” on April 14 and demand that he remove the posts within 24 hours, refrain from further comments, or face urgent legal action for damages and punitive costs.
The renewed offensive comes after Sunday World sent questions to the municipality on Tuesday, which sought clarity on why the earlier matter was withdrawn, whether public funds were used to sue a former EPWP worker, and how much had been spent on lawyers.
Municipal spokesperson Luthando Nqumkana acknowledged the enquiry and initially proposed a response time. A day later, he apologised for delays, saying relevant directorates had prior commitments.
Breach of job promise
Instead of answers, a new legal threat was sent to Pemba’s lawyers. The saga began when Pemba accused Koni of corruption on social media. But beneath the insults lies a deeper grievance.
Pemba claims Koni personally promised him an internship that would place him in line for internal opportunities. He says he resigned from Old Mutual, where he earned R10,600 plus benefits, only to end up in an EPWP placement paying about R3,930 after deductions and no benefits.
He alleges posts were later advertised externally, destroying what he believed had been promised.
His attorneys, Wesley Hayes Attorneys, have refused to back down. In a sharply worded response, they said the municipality “enjoys no good name or reputation” and argued Pemba’s comments were either true, substantially true, or fair comment made for the benefit of ratepayers.
They added that Pemba would not remove the posts or apologise, and was ready to defend any urgent proceedings.
What began as a mayor’s personal reputational battle now appears repackaged as an institutional fight, raising fresh questions about whether the municipality is being used to finish a contest its mayor could not win before.
Visit SW YouTube Channel for our video content
- Emalahleni Local Municipality has renewed legal action against former worker Xolisile Pemba over alleged defamatory Facebook posts after an earlier lawsuit involving the mayor was withdrawn.
- The initial High Court case named Mayor Ntombizanele Flowerdale Koni and the municipality as applicants but was dropped with Pemba awarded costs; current proceedings exclude the mayor's name.
- Pemba accuses the mayor of corruption and breach of a job promise, claiming he was misled about an internship leading to better employment but was instead placed in a low-paying EPWP role.
- The municipality demands Pemba remove his posts within 24 hours or face urgent legal action, while Pemba’s lawyers maintain the posts are truthful or fair comment and refuse to withdraw them.
- The dispute raises concerns about the municipality potentially being used to continue a personal conflict of the mayor at the institution’s expense.
An Eastern Cape municipality has moved to revive a legal war its own mayor appeared to bury after allegedly being branded corrupt on social media, issuing a fresh letter of demand against a former
In the earlier High Court matter filed in
Now, in a striking twist, attorneys acting this week state they represent only
Municipal spokesperson
Instead of answers, a new legal threat was sent to
He alleges posts were later advertised externally, destroying what he believed had been promised.
His attorneys, Wesley Hayes Attorneys, have refused to back down. In a sharply worded response, they said the municipality “enjoys no good name or reputation” and argued
What began as a mayor’s personal reputational battle now appears repackaged as an institutional fight, raising fresh questions about whether the municipality is being used to finish a contest its mayor could not win before.
Visit SW YouTube Channel for our video content
