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, Busiswe Magaguli, who was convicted of fraud. 

The Provincial Constituency Representatives Office in the Northern Cape will consult with parliament over what they consider an “unlawful and unethical” appointment and is willing to challenge the matter in court.

Magaguli was seconded by the Department of Cooperative Governance, Human Settlements and Traditional  Affairs (Coghsta) while an investigation into allegations of misconduct is being conducted against the municipal manager, Thapelo Matlatla. 

Matlala was placed on precautionary suspension on September 16.

Magaguli was convicted after submitting false travel and substance allowance claims while employed as a senior manager at the Mpumalanga Department of Finance in the Provincial  Fiscal Discipline unit during 2011-2012.

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

The Nelspruit regional court, in March, granted the Asset Forfeiture Unit an order that she should repay the department an amount of R780,000 after she entered into a plea agreement with the state. 

Provincial Constituency representative Faniki William Mothibi indicated that he would urgently engage with national parliament and relevant stakeholders to address the matter with the seriousness it deserved.

Mothibi stated that should their interventions not yield any positive results, they were prepared to refer the matter to the Northern Cape High Court to challenge the "unlawful and unethical appointment". 

He pointed out that municipalities were obliged to involve communities and public organisations in matters of local government in terms of the Constitution of the Republic of South Africa.

“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. 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.” 

He believed this development was unfolding against the 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 - that is not compromised by individuals with proven records of fraud and corruption."

Sol Plaatje Service Delivery Forum councillor Dennis Pienaar said that 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 an acting municipal manager. The official seconded by the 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 alleged fraud offences against the current incumbent (Matala).” 

Pienaar said the Sol Plaatje Service Delivery Forum had placed it 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 the efforts of the public to enforce accountability and clean governance,” Pienaar said.

Coghsta has not responded to media enquiries.