The status of Ward 34 councillor Andrew Akkers has come under scrutiny after the Democratic Alliance in KwaZulu-Natal said the Independent Electoral Commission had been notified of a vacancy in the ward following Akkers’ public association with ActionSA.
Ward 34 includes areas such as Effingham, Avoca, Duffs Road, Greenwood Park and Sea Cow Lake, making the dispute significant for residents and businesses in these communities.
The matter comes as political parties intensify campaigning ahead of the 2026 Local Government Elections, with control of key wards in eThekwini expected to be closely contested.
On Wednesday, 5 August, the DA released a statement welcoming what it described as steps taken by the IEC after Akkers, who was elected as an independent councillor, was publicly announced by ActionSA in a social media post stating that he had joined the party.
Tabloid Newspapers has seen the ActionSA social media post, dated 5 July, in which the party stated that Akkers had “officially joined ActionSA” and that the move would strengthen its representation in council.
DA KZN chairperson Dean Macpherson said the IEC had notified the municipality that Akkers was no longer eligible to serve as councillor after publicly joining ActionSA.
“The Democratic Alliance in KwaZulu-Natal welcomes the steps taken by the Independent Electoral Commission against the former ActionSA councillor for Ward 34 in eThekwini, Andrew Akkers, after the IEC notified the municipality that he was no longer eligible to serve as a councillor after publicly joining ActionSA last month,” Macpherson said.
He said the issue related to legislation governing independent councillors.
“The legal problem that this created is that under amended legislation, no independent councillor may join another political party and still keep their seat. In this instance, they would lose their seat, and the IEC would notify the relevant council to declare a vacancy. This of course makes sense as you cannot have an independent councillor who is then a party-political member and councillor,” Macpherson said.
The DA said ActionSA’s announcement had created uncertainty for Ward 34 residents.
However, Akkers has disputed the DA’s claims and said Macpherson’s statement contained inaccuracies, particularly regarding his membership status.
“While I have publicly announced that I will be contesting the 2026 LGE as the ActionSA Ward 34 candidate, I have not become a member of ActionSA nor have I completed or signed an ActionSA membership application,” Akkers said.
He said that on 31 July, after being informed that the Office of the Speaker had purportedly declared a vacancy in respect of Ward 34, he addressed detailed correspondence to both the Speaker’s Office and the IEC disputing the factual and legal basis of the decision.
“In those representations, I made it clear that I remain the duly elected independent ward councillor for Ward 34 and the requirements of Section 27(1)(f)(ii) of the Local Government: Municipal Structures Act have, in my view, not been met, as I have not become a member of any political party. Despite these representations, no substantive response has been received from either the Speaker’s Office or the Electoral Commission,” Akkers said.
Akkers said he would instruct his legal representatives to issue a letter of demand to the Speaker’s Office, requiring proof or a record confirming that he had become a member of ActionSA.
IEC spokesperson Thabani Ngwira said the declaration of a vacancy in a municipality was the responsibility of the municipal manager.
“According to law, it is a municipal manager that declares a vacancy in a municipality. In accordance with this, the Commission received a notification from the eThekwini municipal manager declaring a vacancy on 31 July 2026 at 13:28, emanating from a Ward 34 independent candidate joining a political party,” Ngwira said.
Ngwira said the timing of the vacancy meant the IEC would not hold a by-election in Ward 34 before the upcoming local government elections.
“In addition, the MEC of CoGTA determines when the holding of by-elections ceases ahead of a Local Government Election. In accordance with this, the MEC of CoGTA determined that by-elections will cease six months ahead of the 2026 Local Government Elections. Therefore, the Commission will not be holding a by-election for Ward 34,” Ngwira said.
The dispute has placed Ward 34 at the centre of a political and legal row, with the DA maintaining that the seat has been vacated, the IEC confirming that it received a vacancy notification from the municipality, and Akkers insisting that he remains the duly elected independent councillor.
