Grave concern over 'unlawful' acting municipal manager

GRAVE concern has been expressed over the criminal history of the newly appointed acting municipal manager at Sol Plaatje Municipality, Busisiwe Mgaguli, who has a fraud conviction.

The Provincial Constituency Representatives Office in the Northern Cape says it will consult Parliament over what it considers an “unlawful and unethical” appointment — and is prepared to challenge the matter in court.

Mgaguli was seconded by the Department of Co-operative Governance, Human Settlements and Traditional Affairs (Coghsta) while an investigation into allegations of misconduct is under way against the municipal manager, Thapelo Matlala.

Matlala was placed on precautionary suspension on September 16.

Mgaguli was convicted after submitting false travel and subsistence allowance claims while employed as a senior manager at the Mpumalanga Department of Finance’s provincial fiscal discipline unit during 2011-2012.

She was refunded more than R500,000 for the allowances that were paid into her personal bank account.

In March this year, the Asset Forfeiture Unit was granted a court order compelling her to repay the department R780,000, including interest, after she entered into a plea agreement with the State.

Provincial Constituency representative Faniki William Mothibi indicated that he would urgently engage with Parliament and other relevant stakeholders to address the matter “with the seriousness it deserves”.

Mothibi said that should their interventions fail to yield positive results, they were prepared to refer the matter to the Northern Cape High Court to challenge what he called an “unlawful and unethical appointment”.

He pointed out that municipalities are constitutionally obliged to involve communities and public organisations in local government matters.

“The appointment of a convicted fraudster, behind closed doors, into such a critical position undermines the integrity of the institution and exposes the municipality to further corrupt practices,” said Mothibi.

“The appointment points to a lack of leadership, transparency and accountability, while confirming deliberate attempts to shield and enable corrupt activities within Sol Plaatje Municipality.”

Mothibi said the development came against a backdrop of “persistent service delivery failures, deliberate looting of funds and a ‘culture of corruption’.”

“The appointment is not an isolated error of judgment but a calculated move to perpetuate corruption at the expense of the people of Sol Plaatje.

“We reaffirm our commitment to act in defence of good governance, accountability and the interests of the community.

“The people deserve ethical, transparent and service-driven leadership — not individuals with proven records of fraud and corruption.”

Sol Plaatje Service Delivery Forum councillor Dennis Pienaar said opposition councillors were not allowed to scrutinise the candidate, while her appointment was supported by the majority of ANC councillors during a special council meeting on October 1.

“The matter was dealt with as a confidential item. Opposition councillors were not able to scrutinise whether the candidate was properly vetted.

“The item was for the temporary transfer of an official needed to fill the position of acting municipal manager.

“The official seconded by MEC for Coghsta Bentley Vass is a controversial candidate.

It is unethical to appoint a candidate with a proven record of financial misconduct, charged and convicted for a criminal offence of fraud, while the municipality is investigating alleged financial misconduct and fraud against the current incumbent (Matlala).”

Pienaar said the Sol Plaatje Service Delivery Forum had placed on record that they objected to the candidate based on her history of financial misconduct.

He added that no memorandum of understanding existed between the municipal council and Coghsta to outline the terms and conditions of the secondment.

“The municipality incurred significant losses when it had to pay out the previous municipal manager, Goolam Akharwaray, and chief financial officer, Lydia Matlhoko, who were suspended in 2018.

“We therefore call on all parties of interest to intensify efforts to enforce accountability and clean governance,” Pienaar said.

Coghsta has not yet responded to media enquiries.