The executive mayor of the Govan Mbeki Municipality, Ms Lindi Masina, has responded to the letter criticising and accusing her and her friends of corruption.
“The municipal manager and the executive mayor are appointed and empowered by legislation and Council policies in executing their responsibilities.”
She also said Section 55 of the Municipal Systems Act, Act no 32 of 2000 outlines the municipal manager’s responsibilities which among others, include:
· The appointment of staff other than those referred to in Section 56(a) of the same Act subject to the Employment Equity Act.
· The effective ute and training of staff.
· Maintenance of discipline of staff.
· The promotion of sound labour relations and compliance by the municipality with applicable labour legislations.
· Carrying out the decisions of political structures and political office bearers of the municipality.
· All income and expenditure of the municipality.
· Proper and diligent compliance with the Municipal Finance Management Act.
Ms Masina said the Municipal Finance Management Act also empowers the municipal manager in terms of Section 60 and 61 respectively, of which among others, but not limited to, include:
· Act with fidelity, honesty, integrity and in the best interest of the municipality in managing its financial affairs.
· Disclose to the municipal council and the mayor all the material facts that are available to the accounting officer or reasonably discoverable, and which in any way might influence the discussions or action of the council or the mayor.
· Seek within the sphere of influence of the accounting officer, to prevent any prejudice to the financial interest of the municipality.
· The accounting officer may not in any way act inconsistent with the duties assigned to him.
· He may not use the position or privileges of, or confidential information obtained for personal gain or improperly benefits another person.
“Section 65(2) (e) of the MFMA holds the municipal manager who is the accounting officer, responsible to ensure that all mony owed by the municipality are paid within 30 days of receipts of the invoices or statements, unless prescribed otherwise for certain categories of expenditure.
“The author of the letter suggests that the municipal manager is not capable and equal to the task to execute his responsibilities as assigned to him.
“The Executive Mayor is empowered by Section 52 and 53 of the MFMA respectively.
“I must provide general political guidance over the fiscal and financial affairs of the municipality.
“In providing such general political guidance, I may monitor to the extend provided in this Act,
“I oversee the exercise of responsibilities assigned in terms of this Act to the accounting officer and the chief financial officer, but may not interfere in the exercise of those responsibilities.
“I must, within 30 days of the end of each quarter, submit a report to the council about the implementation of the budget and the financial state of affairs of the municipality.
“Section 56 of the Municipal Structures Act also stipulates functions and powers of executive mayors, but not limited to, the following;
“The mayor must monitor the management of the municipality’s administration in accordance with the directions of the municipal council and oversee the provision of services to communities in a sustainable manner.”
She added: “The executive mayor shall therefore from time to time request reports or explanations from the municipal manager, who is the accounting officer, in order to satisfy herself that all processes and procedures as directed by the legislation and Council policies had been complied to or implemented.
“These therefore do not constitute interference with the administration, and by the way, the municipal manager accounts to both the executive mayor and the council in executing his responsibilities.
“The municipal manager is very well informed of his relationship with the executive mayor and the council.
“He further understands clearly the municipal internal processes to be followed in case there is an element of interference by political leadership in the administration.”
Council from time to time takes decisions on a number of matters that are meant to improve the institutional functioning and service delivery of the Municipality.
“There are municipal internal processes to be followed in case there is dissatisfaction with some of the decisions taken by Council.
“I hope that the author does not suggest that the alleged individuals do not know and understand the available processes and structures to be followed in case there is discomfort with the council decisions.
“The individuals quoted in the letter are well educated, experienced, well informed and capable to deal with municipal and governance processes and prescripts.”
Ms Masina said there are municipal established internal structures and processes, as well as external institutions that the author can report to for investigation into the alleged corruption he talks about in his letter.
