The department of public works and transport says the mayor moved into the house during a period of civil unrest when her life was allegedly under threat.
The DA in the Free State has intensified pressure over Tswelopele mayor Kenalemang Phukuntsi’s alleged unlawful occupation of a provincial government house, threatening to take the matter to the public protector and the Hawks for investigation.
At the centre of the controversy is Erf 355, 4 Cooper Street in Hoopstad, a property registered in the name of the provincial department of public works and transport.
Despite this, the mayor has allegedly occupied the property for several years and carried out renovations, sparking accusations of the abuse of state assets.
“Given the serious housing shortages in the Free State, millions of citizens have waited years for land or a home,” said Igor Scheurkogel, member of National Council of Provinces in the Free State.
“The appearance that politically connected individuals can occupy and later acquire provincial property outside the legislated processes undermines public trust.”
Department confirms provincial ownership
In a letter dated 19 December, the department confirmed that the property remains provincially owned and acknowledged that it was among several houses earmarked for disposal through open tender in 2014.
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But officials later discovered that all the “vacant” houses, including the one occupied by Phukuntsi, were already inhabited.
According to the department, Phukuntsi moved into the house during a period of civil unrest when her life was allegedly under threat and renovated the dilapidated structure at her own cost.
The department further stated that a property disposal committee would be convened to determine how the occupied properties should be transferred.
DA rejects department’s explanation
The DA has rejected this explanation, arguing that it lacked logical and legal basis. In a strongly worded response, Scheurkogel said no statute authorised the occupation or disposal of provincial property in this manner, particularly when constitutional and financial management laws required fairness, transparency, and competitive processes.
“The fact that renovations were paid for privately does not convert an unlawful occupation into a lawful one,” Scheurkogel said, warning that allowing politically connected individuals to later acquire state property undermines public trust, especially amid severe housing shortages in the Free State.
Scheurkogel has demanded clarity on the statutory authority used to permit the occupation, details of the proposed disposal committee and timelines for verifying and disposing of provincial properties in compliance with the constitution, the Public Finance Management Act and the Municipal Finance Management Act.
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He warned that failure to provide clear legislative justification would leave the DA with “no option” but to refer the matter to the public protector and the Hawks for possible breaches of financial and asset management laws.
Political fallout in Tswelopele council
The dispute comes after the ANC blocked a DA motion in the Tswelopele council to investigate the matter, sparking accusations of political protection and a lack of accountability in a municipality already grappling with service delivery failures.
The scandal was first exposed in August when the DA, through a Promotion of Access to Information Act request, obtained documents from the department of public works confirming the property’s provincial ownership.
At the time, DA councillor Louise Verwey exposed Phukuntsi’s occupation of the property, stating that it was done without proof of a legal transaction.
Verwey argued the mayor claims she owns the property but documents show it was owned by the provincial government.
Phukuntsi and the department of public works and infrastructure spokesperson Mlungisi Maqubela had not replied to request to comment at the time of publication.
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