Sol Plaatje slammed as ‘cesspool of recycled, corrupt officials’

WHILE pressure mounts to investigate the appointment of acting Sol Plaatje municipal manager Busisiwe Mgaguli, the Provincial Treasury and the Department of Co-operative Governance, Human Settlements and Traditional Affairs (Coghsta) have come to her defence.

Mgaguli entered into a plea agreement after being convicted of fraud for submitting false subsistence and travel claims exceeding R500,000 while employed as a senior manager in the Provincial Fiscal Discipline Unit at the Mpumalanga Department of Finance between 2011 and 2012.

The National Prosecuting Authority explained that Mgaguli has been making deferred payments towards the confiscation order to a curator bonis appointed by the court since 2013.

“After the full amount of R780,000 was paid, the High Court realisation order was made in July 2024 to enable the curator bonis to pay over the confiscation amount, plus interest, to the Mpumalanga Department of Finance,” it stated.

Calls for urgent special council meeting

DA caucus leader Heinrich Pietersen said they were still waiting for a response to a request submitted on October 6 to convene an urgent special council meeting.

“Councillors should be afforded an opportunity to interrogate the recommendation and appointment of Mgaguli on October 1, despite her conviction for fraud.

“The appointment of the acting municipal manager was dealt with as a confidential item, where the DA was not able to scrutinise the candidate or her work history.

“It is concerning that questions regarding Mgaguli’s past conduct were disregarded.

“Given the significance of this matter and its implications for governance, compliance, and public trust, it is necessary for council to deliberate and resolve on the legality of the secondment.”

Pietersen pointed out that the 30-day precautionary suspension of municipal manager Thapelo Matlala would come to an end on October 23.

Sol Plaatje Service Delivery Forum councillor Dennis Pienaar said they had placed their objection on record regarding Mgaguli’s “controversial” appointment, given her history of financial misconduct and questions around whether she had been vetted.

Sol Plaatje Community Forum representative Tumelo Mosikare said “Kimberley deserved better”.

“Every person appointed at the municipality appears to have a dubious past. We cannot keep calling for the removal of officials because no work will get done. Municipal managers should be employed on 12-month contracts and should serve a probation period,” he suggested.

He also questioned the independence of the state law adviser, noting that the office constituted a government entity that was charged with investigating Matlala.

The chairperson of the Northern Cape Civics Organisation, Ross Henderson, pointed out that paying back the money did not exonerate Mgaguli of wrongdoing.

“Would she have paid back the money if she was not caught out? We cannot pretend it never happened simply because the offence took place more than 10 years ago. They might as well appoint underworld figure Vusimuzi “Cat” Matlala to run the municipality,” he remarked.

Henderson added that anyone convicted of fraud should not be permitted to handle the Province’s finances and was not fit to be appointed as an accounting officer of a municipality.

South African Human Rights Commission (SAHRC) commissioner Dr Henk Boshoff expressed concern that “mischievous officials” found guilty of misconduct were allowed to retain senior positions and were merely “recycled” in government.

He advised that more reinforcement was needed at Sol Plaatje Municipality.

“The competency level for the capital city of the province is below par. It is ridiculous.”

‘The most meritorious candidate’

Although Coghsta did not respond to media enquiries, it replied to the SAHRC last week that senior managers were not supposed to be employed by local government for 10 years after being found guilty of any misconduct or irregularities.

“Mgaguli was not dismissed by her previous employer. She admitted guilt and the money was recovered. We cannot penalise her because 10 years have passed and she is rehabilitated,” Coghsta stated.

Coghsta HOD Befadile Lenkoe informed the SAHRC that Mgaguli was seconded to Sol Plaatje Municipality from the Provincial Treasury.

“The position is not vacant, as a decision has yet to be taken regarding the future of the municipal manager who was placed on precautionary suspension. She was seconded upon a request to assist council.”

The head of communications at the Provincial Treasury, Ali Diteme, said Mgaguli was appointed as director of Fiscal Policy at the Provincial Treasury on February 1, 2012.

“She was transferred to the Directorate of Municipal Finance on July 1, 2019. On November 1, 2023, she was promoted to her current position as chief director of Municipal Financial Management.”

Diteme confirmed that Mgaguli had disclosed her conviction during the recruitment process.

“She is in the process of expunging her criminal record, as 10 years have lapsed since her conviction. She has not committed any further offences, and the sentence did not involve direct imprisonment without the option of a fine.”

He added that upon learning of the conviction and plea agreement, the Provincial Treasury took corrective disciplinary action by issuing Mgaguli with a final written warning.

“The appointment was based on the consideration of the date of the offence, that she co-operated with authorities and had no further convictions. The criminal record was declared and is in the process of being expunged. The appointment panel assessed her qualifications, experience, and suitability and found her to be the most meritorious candidate.”

While the ANC Frances Baard district office sang Mgaguli’s praises, the ANC provincial office declined to comment.

Mgaguli did not respond to media enquiries.

No updates have been forthcoming regarding the investigation led by the state law adviser into allegations of misconduct against Matlala.