The DA has approached the Pietermaritzburg High Court, accusing the KZN government of failing to intervene after Endumeni Municipality failed to pass a funded budget by the July deadline.

DA KZN chairperson Dean Macpherson MP told the Courier this morning that the party had filed court papers in the Pietermaritzburg High Court, seeking action over the municipality’s ongoing budget crisis.

The council has made six attempts to pass a budget, but none has secured approval. The DA argues that Premier Thami Ntuli and Cooperative Governance and Traditional Affairs (CoGTA) MEC Thulasizwe Buthelezi have failed to fulfil their legal and constitutional obligations.

The latest attempt was last Wednesday when the budget was again rejected by the DA and ANC.

“After six attempts to pass the budget and despite repeated warnings to place Endumeni under administration, the Premier of KZN, Thami Ntuli, and MEC of CoGTA, Rev Thulasizwe Buthelezi, have steadfastly refused to adhere to the Public Finance Management Act, Municipal Finance Management Act and the Constitution,” Macpherson said.

He accused the provincial government of treating the municipality differently because of its political affiliation, alleging that the MEC had instead threatened DA councillors with legal action over the IFP-led council’s inability to pass a budget.

Spending concerns

Macpherson said the DA’s support for a budget had been conditional on it being credible and funded.

He also welcomed the efforts of Finance MEC Francois Rodgers to resolve the dispute, but claimed other members of the provincial government had worked against those interventions.

The DA further alleges that the municipality continues to spend money despite not having an adopted budget, exceeding the 8% limit it says is permitted under the Municipal Finance Management Act in such circumstances.

“We do not take this decision lightly and only take it because we have no further options,” Macpherson said.

He said the party would not have approached the court urgently had the Premier and CoGTA MEC fulfilled their legal and constitutional duties.

The DA has urged the provincial government to intervene before the matter is heard or, alternatively, not oppose the application if it is unwilling to take action.

The KZN government had up until the time of going to press not responded to Macpherson’s comments.