By OBAKENG MAJE
Financial mismanagement and poor governance at the embattled Kagisano Molopo Local Municipality allegedly forced the North West Premier, Bushy Maape to send a notice of invocation of Section 139 (1) (b) intervention letter to the municipality.
According to the letter seen by TDN, on 7 September 2022, the provincial EXCO has resolved to invoke Section 139 (1) (b) intervention at the municipality with immediate effect for a period of six months.
“The invocation follows a report of systematic failures by the council to carry out its executive and other legislative mandates as articulated in Sections 152 (1), 152 (2) and 153 of the constitution of the Republic of South Africa, including the supporting legislative mandates.
“Since the inauguration of new councils in the province after the November 2021 elections, the council of Kagisano Molopo has never stabilised and not concentrate on developing plans to provide service delivery to the constituents of the municipality,” the letter said.
It also highlighted that, councillors fought amongst themselves as they contested for political power, which now has resulted in parallel council structures being formed each with a mayor and speaker.
Another arising matter was councillors taking their contestation to the court of law and trying to legitimise their differences by obtaining court interdicts etc. The beleaguered municipal manager, Olaotswe Bojosinyana also came under fire as other councillors alleged that, he was the driver of sowing disunity within the council.
“Instead of advising council and trying to mend disagreement of the council in order to benefit service delivery, seems he has influenced the divisions in council.
“The municipal manager has even hired bouncers to control access to municipal premises. The speaker, mayor and other councillors opposed to him are denied access to the municipal offices.”
It is alleged that, the role of Bojosinyana over the council is clearly compromised. On another hand, the speaker has taken his case of being ousted to court and on 24 June 2022, the case was heard in the North West High Court in Mafikeng.
“Service delivery is severely affected in the municipality and the community has complained that the bouncers be removed. Persistent infightings with the council as there are some allegations of councillors being threatened to attend illegal council meetings.
“The council has embarked on an unlawful process of tabling the draft budget as the presiding officer was found by the courts to be unlawfully appointed by the municipality,” the letter said.
It is also alleged that, the accounting officer, perpetually misled the council and this affect the entire decorum. The council is allegedly always divided in decision-making, which leads to council resolutions not being implemented as the council cannot unanimously agree on matters of compliance.
The letter also highlighted that, there is a weakened oversight over administration and non-compliance with the MFMA.
“There are challenges with financial management as there is unfunded budget, tabling of an unlawful draft budget and IDP as found by the courts. Failure to establish a disciplinary board in line with the municipal regulation on financial misconduct procedure and criminal proceedings.
“The allegations of irregular appointments of bouncers, non-compliance with the MFMA, possibility of fraud and corruption also weakened oversight on administration. There is non-implementation of consequence management in line with Chapter 15 of the MFMA.”
It is alleged that, service delivery issues are not prominently discussed, planned and executed by the municipal council and this led to the community’s unarrest.
The Guardian 