MEC intervenes at ‘dysfunctional’ municipality

THE MEC for Co-operative Governance, Human Settlement and Traditional Affairs (Coghsta), Bentley Vass, is considering all available options to intervene at Thembelihle Municipality, which he described as being “dysfunctional and on the verge of collapse”.

The municipality did not have any senior managers to authorise salary payments last month.

During a press briefing this week, Vass identified Thembelihle Municipality Speaker Danny Jonas’s ongoing court battles as the main obstacle that was preventing the smooth running of council.

Vass stated that no council meetings had taken place since the council was established in 2022.

“The municipality is therefore dysfunctional. Council is not sitting because of the uncertainty of the Speaker’s position, which is a matter that is currently in court.

“The council was inaugurated in November 2021. Thembelihle is a coalition municipality that consists of five ANC councillors, three EFF councillors, one DA, one FF+ and one Siyathemba Community Forum member.”

Vass said this had a knock-on effect on the recruitment and appointment of senior managers.

“The absence of senior managers has collapsed the current administration and service delivery in Thembelihle. The municipal manager who was appointed on August 1, 2022 resigned on December 31, 2022. This has further crippled the administration as they currently only have a technical service director. The chief financial officer (CFO) was suspended, while the corporate service manager has been dismissed by the council and is the subject of a labour court matter.”

Vass indicated that council had not requested assistance from his office to appoint an acting municipal manager or CFO.

“According to the legal framework, the MEC cannot second or give support without a formal request from council.

“The importance of the appointment of a municipal manager is a compliance matter - to provide guidance and advise political structures, political office-bearers and officials of the municipality on compliance with the Municipal Financial Management Act.”

He stated that salaries had not been paid for the month of January due to the absence of the accounting officer as well as the CFO.

Vass added that he had received requests for intervention from the mayor, ANC, DA and FF+ councillors.

“This is also as a result of the litigation of the status of the Speaker. Numerous written and physical engagements have taken place between my office and the municipality. In an attempt to salvage the situation, a meeting was held on January 24 with 10 of the 11 councillors, where it was resolved that I designate an official to convene the council meeting, where an acting Speaker was elected.”

He said the acting Speaker would convene council meetings while Jonas’s status as a councillor was still in question.

“It was also decided at this meeting, where Jonas was not present, that the technical manager be appointed as the acting municipal manager for a three-month period to address the outstanding salary payments. However, the technical manager declined the position of acting municipal manager. This again leaves the municipality without an accounting officer.”

Vass stated that he was considering available options to address governance and administration issues that were hampering service delivery.

“We are ready to move with speed to assist the municipality.”

The head of department at Coghsta, Bafedile Lenkoe, said placing the municipality under administration was an option of last resort.

“It is a process that involves presenting a case to provincial and national government. We do not want to outright dissolve council, because at the centre the community is suffering and is not deriving any benefits. We need to avoid protest action where the N12 road to Cape Town is blockaded with burning tyres.

“We are working around the clock to persuade all councillors from different political parties to meet around the table. The situation is unbearable, where the only place they meet is in court. We need to ensure that council becomes functional again.

“Salaries have been blocked and staff cannot access their money although money is available in the bank. Interest on third-party payments is also building up.”

Lenkoe added that the political infighting had “nothing to do with the municipality”.

“It is a matter between Jonas and his own party members. Jonas will remain a councillor, an acting Speaker was appointed and the MEC will use his powers to appoint an acting municipal manager and acting CFO as the banks cannot process salaries without an accounting officer. We hope to bring an element of stability to the municipality over the next few days.”

The chief director of co-operative governance, advocate Mogami Manyeneg, stated that the South African Municipal Workers Union was acting in the best interests of its members by withdrawing its labour because of non-payment.

“We are working behind the scenes to restore normality and in the course of the week should have an indication on the way forward.”

He indicated that the municipal manager had resigned after receiving “two alternative attractive” employment offers.

“The CFO is undergoing a disciplinary process pending an investigation into maladministration. The matter is still sub judice so we are not at liberty to discuss the merits of the case.”