Come clean, Mr MEC – municipal council

THE council of the Mogalakwena Municipality has called for the MEC for cooperative governance, human settlement and traditional affairs (Coghsta), Ishmael Kgetjepe, to clear up confusion about which laws were applicable when any municipality is put under administration.

Four councillors from two political parties, who prefer to stay anonymous, spoke to CV yesterday (Tuesday) and said Kgetjepe was either misled by his advisers or he intentionally sidestepped the law during the process of intervening in the Mogalakwena Municipality.

This follows a second media announcement from Coghsta last week, stating that the municipality is under administration in respect of section 139 (1) (b).

The first announcement was made in March but was interdicted by a community action group at the North Gauteng high court.

The department quoted section 139 (1) (b) of the constitution when placing the municipality under administration.

According to the four councillors, section 139 (1) (b) does not pave way for the MEC to place the municipality under administration.

They explained to CV that this section gives the MEC the power to assume responsibility for failed obligations in the municipality under administration and to maintain essential national standards or meet established minimum standards. According to the constitution, the MEC can only implement section 139 (1) (b) after employing section 139 (1) (a) by issuing a directive to the municipal council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet these obligations.

They said the two attempts by Coghsta showed that the department simply jumped to the last option dissolving the municipal council and appointing an administrator until a newly elected council has been declared elected.

Mogalakwena speaker, Raisibe Mabusela, says the council called the MEC and informed him of the embarrassing outcomes of the audit report done on the municipality, hoping he would intervene and stabilise personal issues that kept popping up in public. She says they never thought he would place the municipality under administration.

“We reject his placing the municipality under unlawful administration until such time that he follows correct procedures.”

The chief whip of the municipality, Gilbert Langa, also calls on Kgetjepe to adhere to and respect the constitution.

“There is no reason for such action because our municipality is doing just fine. There were problems here and there, but those where between people and not between the community and their municipality. Our meetings run smoothly, our budgets are clean and we are highly recommended in the office of the Auditor General. We fail to understand why Coghsta would keep on trying to disorganise this municipality,” he says.

An insider to the case told CV the MEC was “protecting the former mayor Thlalifi Mashamaite” after he was implicated in an audit report concerning mismanagement.

Cope councillor in the municipality, Pat Motlouneng, said the developments were concerning.

“Cope is concerned that an MEC could turn a blind eye to poor performing municipalities and instead, focuses on helping individuals who have stolen from the poor. It has become clear that he has a personal interest in this matter. How can he fail not notice that there is a mix-up in the laws he is quoting?”

Kgetjepe’s spokesperson, Motupa Selomo, said it was the department’s official position that the municipality was under administration under Section 139 (1) (b).

“The new administrator is already on site and has taken up his responsibilities.”