MEC Cwaile on court order against Ditsobotla local municipality
MEC for Cooperative Governance, Human Settlements and Traditional Affairs, Mmoloki Cwaile has welcomed the North West High Court order which has declared the appointment of the acting Municipal Manager of Ditsobotla local municipality, unlawful and set aside.
The court has also declared the council decision to approve the adjustment budget contrary to Section 28 of the Municipal Financial Management Act, unlawful and set aside.
The North West department of Cooperative Governance and Traditional Affairs took the municipality to court following a council resolution to appoint an acting Municipal Manager, contrary to the Municipal Systems Act (MSA) 2000 which states that a person appointed as a Municipal Manager must at least have the skills, expertise, competencies and qualifications.
Council appointed Mr Tsietsi Shema, a Manager in the Office of the Speaker, as the acting Municipal Manager of Ditsobotla. Although Mr Shema’s qualification is compliant with the legal requirements (i.e. undergraduate qualification), he has six years experience in a middle management position as opposed to the prescribed 5 years at senior management level, thereby making his appointment non-compliant with the MSA.
“Our request to get the council to rescind its decision fell on deaf ears hence we approached the courts to force the council to reverse the appointment. We will do everything in our power to make sure that municipalities do comply with the necessary pieces of legislation at all times”, said MEC Cwaile.
Meanwhile, yesterday the North West High Court again issued an interim order interdicting the municipal council from further extending the appointment of Mr Shema as acting Municipal Manager. The municipal council has until the 05th March 2021 to show cause why it cannot be permanently interdicted from extending his period of acting which ends on 28 February 2021.
The prayer made to the court and granted to the department also includes interdicting the municipal council from adjusting the 2020/2021 budget contrary to the provisions of Section 28 (4) of the Municipal Finance Management Act no 56 of 2003. The council has also been interdicted from reviewing the contracts of two Senior Managers from a fixed term to a fixed term of three years.
“I am not convinced that the municipality acts in good faith and in consideration of the needs of the people of Ditsobotla, instead, this is done to fulfill self-serving individuals or group interests. We will continue to support the municipality by mobilizing resources to enable the municipality to discharge its mandate of providing services to the community”, remarked MEC Cwaile.
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