The Speaker of the Makhado Municipality has seemingly formed her own seven-person "inquisition" to investigate the municipal manager. However, the legitimacy of her "ad-hoc committee" is being disputed by several ANC councillors and opposition parties, who described it as "silly games" at the expense of ratepayers. The municipality has also officially distanced itself from the process.
On Tuesday, the Speaker, Gumani Mukwevho-Mitileni, released a statement announcing that she had finalised the appointment of seven individuals to serve on an independent ad-hoc committee "to probe the circumstances surrounding the non-appointment of the Director of Technical Services in Makhado Local Municipality." The committee, she said, would review all documentation and processes involved, meet with the relevant parties, and ultimately provide recommendations to the council for action.
The move comes amid an ongoing power struggle within the municipality, which has continued for several years. ANC councillors are divided, with one faction loyal to the mayor, Cllr Dorcus Mboyi, and the other aligned with the Speaker. The Chief Whip, Cllr Sampson Baloyi, appears to side with the Speaker.
Much of the tension revolves around control over officials deployed by the council. Last year, divisions within the ANC disrupted several meetings. A major dispute concerned the appointment of a Chief Financial Officer (CFO), which ended up in the High Court. Even after the court issued instructions, Mitileni's faction resisted the appointment of Godfrey Raliphada. He was eventually appointed in July last year when the municipal manager, Kent Nemaname, scheduled a meeting after the Speaker failed to do so.
At a council meeting two weeks ago, tensions between the Speaker's faction and the municipal manager were evident. The meeting was delayed for about 90 minutes as ANC councillors debated whether the MM should be suspended.
One of the complaints against the MM is his alleged failure to ensure that council resolutions are implemented and that senior vacancies in the municipality are filled. The position of Director of Technical Services, for instance, has been occupied by an acting director, Ms LA Thulare, for nine months. The MM is also accused of poor leadership and a lack of cooperation with ANC councillors.
In her statement, the Speaker said the ad-hoc committee had already been appointed, describing its members as "competent, experienced and respected South African citizens" who "collectively possess ethical leadership and other relevant competencies to perform the task."
She justified the committee's formation by citing a council resolution allegedly taken on 28 February, which she claims allows for such a committee. She also argued that the Speaker's office is responsible for ensuring that council resolutions are implemented and for upholding transparency, accountability and efficient governance.
However, her actions are not supported by the majority of councillors. Veteran ANC councillor Sipho Masuka said he was unaware of any item on the 28 February meeting agenda calling for the establishment of an ad-hoc committee. "All I know is that the last council meeting turned into a circus when the Speaker and the Chief Whip tried to slip in an item calling for the suspension of the municipal manager through the back door, which council rejected," he said. He insisted that no councillor had proposed the formation of such a committee and that there had been no seconder for such a proposal. "Council resolved that due processes must be followed in appointing a Director of Technical Services," he said.
"Our municipality does not have money for playing Masikitani (games). All funds are for service delivery," Masuka added.
The Democratic Alliance's (DA) provincial chairperson, Jacques Smalle, said Section 79 and 80 of the Municipal Structures Act sets out the procedures for establishing committees and their lines of authority. He argued that appointing an ad-hoc committee without council approval and without a transparent nomination process undermines the integrity of the process and could be challenged in court. Smalle said the DA would not support such a move. He added that councillors would be held accountable in their personal capacities for any fruitless and wasteful expenditure arising from the decision. He also insisted that council had not resolved to establish such a committee at its last meeting.
International Revelation Congress (IRC) representative Cllr Dan Singo also maintained that no such decision had been taken. He said the issue should first be added to the agenda for proper debate.
Singo accused the Speaker of abusing what she believes to be her authority. "Who's going to pay for all this?" he asked.
Makhado Municipality spokesperson Mpho Rathando said the municipality had distanced itself from the Speaker's statement. He said no council resolution had been passed authorising the Speaker or anyone else to appoint an ad-hoc committee. "The municipality is surprised by this development, as the statement does not reflect its official views. The municipality remains committed to transparency, accountability and due process," he said.