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North West municipalities told to terminate MMs contracts by November

───   LUCKY NKUYANE 09:48 Thu, 06 Oct 2022

North West municipalities told to terminate MMs contracts by November | News Article
PHOTO: SABC News

North West municipalities have been told to terminate fixed-term contracts for municipal managers whose contracts are due for termination in November 2022, or risk being in contravention of the Municipal System Acts.

The Department of Cooperative Governance (Cogta) formally issued municipal managers (MM) with notices of fixed-term contract terminations. The move by the department follows the scathing report by the Auditor-General (AG), Tsakani Maluleke, this year when she revealed that all 22 municipalities in the province failed to attain a single clean audit.

ALSO READ: 22 North West municipalities fail to obtain clean audits

According to a document seen by OFM News, the letter sent to mayors, council speakers and corporate service directors, indicates that managers were employed during 2016-2021. In this communique, the department says the contract must be terminated on 8 November, honouring the municipal electoral term. On 1 November 2021, when the country held municipal elections, it meant that the term of the municipal council ended and councillors, amongst others, seized their responsibilities, except managers who took over the reins to ensure the smooth running of the administration.

The letter reads: “Executive mayors and mayors are advised to table this where applicable, to respect council meetings for either noting or enforcement action, which must include formal and timely concomitant notification of the affected municipal managers. Furthermore, failure to terminate such contracts as advised, will result in unauthorised, irregular, fruitless and wasteful expenditure (UIFW) which must be recovered in compliance with section 32 of the Municipal Finance Management Act (MFMA). This may also invoke a disciplinary procedure in terms of the code of councillors.”

The provincial government and the department are at loggerheads with the Lichtenburg-based Ditsobotla Local Municipality, whose council was dissolved following a divided council which allegedly hampered service delivery to residents.

ALSO READ: North West municipality takes council dissolution to court

On Thursday 15 September 2022, Premier Bushy Maape and Cooperative Governance MEC Lenah Miga, and other members of the Executive Council (Exco), decided to dissolve the municipal council of the Lichtenburg-based Ditsobotla Local Municipality.

ALSO READ: Troubled North West municipal council dissolved

OFM News previously reported that the municipality alleged that one of the two managers, who was not elected by the council, allegedly had access to the banking system of the municipality. This created trouble for the municipality's financial stability. The province is set to provide further details on the dissolution of this council.

In February, the MEC for Cooperative Governance (Cogta), Lenah Miga, scolded the mayor for allegedly appointing a municipal manager (MM) of his own accord. Miga, in a statement, accused the mayor of contravening the Municipal Systems Act 2000, by appointing an acting Municipal Manager without a council resolution.

"(We) condemned, in the strongest terms, the people holding the Ditsobotla Municipality at ransom by causing disruptions affecting service delivery in the area. The mayor’s decision to appoint an acting Municipal Manager without a council resolution is not only regrettable but is also in contravention of Section 54 (a) of the Municipal Systems Act of 2000.“

ALSO READ: MEC talks tough against ailing municipality

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