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IOL News
2 days ago
- Business
- IOL News
Mayors face scrutiny as Auditor-General calls for improved oversight
Auditor-General Tsakani Maluleke has said that mayors of municipalities need to play their oversight role. Image: Independent Newspapers Archives Mayors of poorly performing municipalities are facing criticism and have been accused of failing to perform their oversight responsibilities and act against underperforming officials. The Auditor-General of South Africa (AGSA), Tsakani Maluleke, took mayors to task amid revelations that many municipalities in the country are poorly managed. She recently tabled her report on the outcomes of municipalities for the 2024-2025 financial year. The report revealed that only 41 of the country's 257 municipalities achieved clean audits. The AGSA said the performance of municipalities reflected the tone set at the top by those appointed to lead them, adding that mayors contributed to the malaise by failing to perform oversight on officials. Maluleke highlighted during an interview that mayors had responsibilities and powers vested in law. The Structures Act details the responsibilities of the mayor, which include financial responsibility. The mayor is designated as the 'councillor responsible for financial matters', including preparing and submitting the draft budget to the council, national/provincial treasury, and other relevant bodies. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Addressing the issue of audit outcomes, Maluleke said the law stipulates that it is the mayor who is supposed to monitor the implementation of the approved performance plan. The mayor is also responsible for monitoring budget expenditure and ensuring that the municipal manager puts in place the controls that will safeguard the existing budget. 'What we are reporting is that unfunded budgets continue to be approved by councils. Even when budgets are approved, you still end up with unauthorised expenditure because people are spending beyond what was initially approved. It is the mayor's job to oversee and take action, yet they don't,' she said. Maluleke noted that when the agreed performance fell short, there was often no action taken. 'People are not held accountable; the municipal manager is not held accountable. It is the mayor who must drive these matters, and the speaker and the council must ensure that these things are done. The individuals responsible for oversight are those who come through the political system,' she added. The AGSA cited the uMshwathi Local Municipality in KwaZulu-Natal as an example of improvement in audit outcomes, attributing part of this success to the hiring of a competent financial manager who had the support of the municipal manager and the political leadership. Mandla Zondi, the mayor of uMshwathi Local Municipality, acknowledged that mayors had a critical role to ensure the performance of the municipality. 'In our case, each quarter we review the agreed performance indicators to assess how the municipality is performing. If those are not met, we engage with them, even bringing in experts from Cogta to assist. We also closely monitor how the municipality's funds are being managed each month,' he said. Speaking on their improving performance, Zondi attributed it to a lack of interference: 'We politicians stick to our lane; we make the policies and allow the municipal manager and his staff to implement the work,' he added. Msunduzi mayor Mzimkhulu Thebolla said a distinction should be made between the executive mayoral system and the executive committee (Exco) members' mayoral system. 'The executive mayor has the power to appoint the people that they lead the municipalities with – they essentially have a cabinet that works with them, giving them more influence in that they pull in the same direction.' He said mayors and councils had a single point of influence and accountability in that they only appointed the municipal manager, who then appointed his staff. 'If the municipal manager is not performing, the mayor can take action and make recommendations to council to take action. If there is a manager that is not performing, we expect the municipal manager to take action. If the municipal manager does not, then we take action against the municipal manager.' EThekwini mayor Cyril Xaba agreed with the AG, saying as a political leader of a political entity, mayors had to set the right tone.'We are part of the system to improve transparency and ensure accountability in the exercise of our mandate as the municipality, which includes the mayor in our city because we are a collective. 'The mayor and Exco should ensure we attend to matters the AG raises, work with the city manager to deal with repeat audit findings to the extent the city manager has developed an audit action plan, and report on progress they are making on all audit queries, not only by the Auditor-General but by our own audit unit,' he said. Local government expert Mike Sutcliffe noted that mayors, whether executive or Exco, had substantial powers, particularly regarding oversight under the Structures Act, especially when it came to addressing issues of oversight. THE MERCURY
IOL News
3 days ago
- Politics
- IOL News
Supreme Court of Appeal hears challenge on King Misuzulu's legitimacy, not his recognition
The Supreme Court of Appeal is hearing President Cyril Ramaphosa's appeal after he recognised King Misuzulu as the Zulu King, but the high court had ruled against him. Image: Independent Newspapers Archives The Supreme Court of Appeal (SCA) is currently deliberating on a highly charged legal challenge regarding the recognition of King Misuzulu kaZwelithini as the King of the Zulu Nation. As President Cyril Ramaphosa seeks to overturn a 2023 Gauteng High Court ruling that deemed his acknowledgment of the king as unlawful, the focus of the appeal has shifted from the legitimacy of King Misuzulu himself to the legality of the recognition process employed by the president. Advocate Morumo Moerane SC, representing Ramaphosa, laid out the case for the defence, asserting that the process leading to King Misuzulu's recognition was firmly rooted in Zulu customary law. 'The president has the right to recognise the king if the royal family has already identified him according to customary law,' Moerane argued before the court. The core question was not whether King Misuzulu was suitable for the throne, but whether the president's actions in confirming his ascendance were within legal boundaries. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading During a pivotal meeting on May 14, 2021, attended by members of the Zulu royal family, King Misuzulu was identified as the next king. Moerane emphasised that this identification adhered to customary protocols. However, the legitimacy of this meeting has been challenged by King Misuzulu's uncle, Prince Mbonisi, and his brother, Prince Simakade. They claimed that the meeting lacked the necessary representation, as certain family members were absent. Judge Norman Davis of the Gauteng High Court had previously ruled that Ramaphosa's decision to issue a certificate of recognition for King Misuzulu was unlawful and invalid. He based this decision on Ramaphosa's failure to follow due process as defined by the Traditional and Khoi-San Leadership Act, particularly regarding the necessity to initiate an investigative committee upon the emergence of a dispute over the throne between King Misuzulu and Prince Simakade. Despite this ruling, it was established that King Misuzulu remained in the position of King, as reaffirmed by Acting KwaZulu Natal Judge President Isaac Madondo in an earlier ruling. The court found itself navigating a labyrinth of conflicting claims to legitimacy, as both sides presented their arguments before the judicial panel. Moerane, alongside advocate Tembeka Ngcukaitobi—representing King Misuzulu—contended that Davis's findings were flawed. 'The president did not elect the king; he simply confirmed the one who was already identified,' stated Moerane. Ngcukaitobi reinforced this position by insisting that the identification was borne out of a lawfully convened meeting that complied with customary law. 'The rule of law demands an end to this matter,' he asserted, emphasising that many of the legal disputes had already been addressed in previous litigation. The contrasting arguments presented on behalf of Prince Mbonisi and Prince Simakade called into question their motives. They insisted that their right to identify an heir was non-negotiable, expressing dissatisfaction that the process didn't fall under their purview. This led Justice Dumisani Zondi to challenge their stance, questioning how the royal family could pursue legal action without naming a preferred candidate for the throne. 'If you recognise King Misuzulu, then this whole exercise would be futile,' he noted, suggesting a resolution might be more complex than anticipated. The royal family's reluctance to have their internal matters dissected in court adds an additional layer of complexity. They insisted that they only wanted to identify their next king while maintaining that the president overstepped his boundaries by recognising King Misuzulu without proper consultation with the family. DAILY NEWS
IOL News
3 days ago
- Politics
- IOL News
Supreme Court of Appeal hears President Ramaphosa's challenge in King Misuzulu recognition
The Supreme Court of Appeal is hearing President Cyril Ramaphosa's appeal after he recognised King Misuzulu as the Zulu King, but the high court had ruled against him. Image: Independent Newspapers Archives The Supreme Court of Appeal challenge by President Cyril Ramaphosa against the high court judgment that set aside the president's recognition of King Misuzulu kaZwelithini as King of the Zulu Nation is not about the legitimacy of the king, but about the legality of the process. Advocate Morumo Moerane SC, who argued on behalf of Ramaphosa, said on Wednesday that the identification of King Misuzulu as Zulu king was done in accordance with Zulu customary law. Moerane said it was the right of the president to identify the king, if he had already been identified by the Royal Family in terms of customary law. The question is not whether King Misuzulu is the suitable king, but whether the president has acted lawfully in confirming the king identified by the royal family, Moerane argued. He told the court that during a meeting held on May 14, 2021, where members of the royal family were present, King Misuzulu was lawfully identified as the next Zulu King. It was all done in accordance with law, Moerane said. The president's appeal followed a Gauteng High Court, Pretoria judgment in 2023 when it was found that his recognition of King Misuzulu was unlawful and invalid. King Misuzulu's uncle, Prince Mbonisi, and his brother, Prince Simakade, approached the high court claiming that the identification of the king was not done in accordance with the law. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ According to them, some members of the royal family did not attend the meeting of May 2021, when the king was identified. Judge Norman Davis earlier ruled that the decision to issue King Misuzulu with a certificate of recognition was unlawful and invalid. He found that Ramaphosa had failed to follow due process in terms of the Traditional and Khoi-San Leadership Act when he failed to institute an investigating committee when a dispute over the Zulu throne arose between King Misuzulu and his brother, Prince Simakade. However, he ruled that King Misuzulu was still on the crown as Acting KwaZulu Natal Judge President Isaac Madondo had already ruled on the matter in the Pietermaritzburg High Court. King Misuzulu ascended the throne in 2022 when his parents, King Goodwill Zwelithini, and his mother Queen Regent Mantfombi, died months apart in 2021. A meeting in May 2021 was held by the Zulu Royal family, where the name of then Prince Misuzulu emerged as the successor, which Prince Simakade did not attend. Prince Simakade then approached the high court, seeking the court to declare Ramaphosa's decision to issue the certificate of recognition to King Misuzulu was irrational and asked it to set aside the decision. Judge Davis ordered Ramaphosa to appoint an investigative committee into the matter, in accordance with the Leadership Act. But both Moerane as well as advocate Tembeka Ngcukaitobi, acting for King Misuzulu, argued that this decision was flawed and it should be set aside. Moerane said Ramaphosa did not elect the king. He simply confirmed the one which was already identified. Ngcukaitobi argued that this was done during a lawfully constituted meeting in May 2021. 'The rule of law demands an end to this matter. The identification was done in terms of customary law and the issues had already been resolved during litigation,' Ngcukaitobi said. It was meanwhile argued on behalf of Prince Mbonisi and his brother, Prince Simakade, that it is their right to identify an heir. The court was told that they did not have a preferred candidate in mind, but all they wanted was the right to identify the next king in terms of customary law. This prompted the question by Justice Dumisani Zondi on how the royal family could come to court and not say who they want as king. He questioned that if they recognised King Misuzulu, this whole exercise would be futile. He was told that the royal family did not want this matter to be aired out by the courts. As the ultimate authority, they simply wanted to identify their next king themselves. They maintained that the president did not have the right to identify King Misuzulu without consulting on the matter. Proceeding.
IOL News
3 days ago
- Business
- IOL News
Over 25 million South Africans depend on social grants amid rising poverty
Stats SA's statistics show that a staggering 25.4 million South Africans rely on social grants. Image: Independent Newspapers Archives The latest General Household Survey (GHS) released by Statistics South Africa has revealed that a staggering 25.4 million South Africans, or 40.1% of the population rely on social grants for survival. The GHS shows that 50.4% of all households in the country receive at least one form of social grant, making grants the second most important source of income after salaries. In some of South Africa's poorest provinces, more households depend on grants than on salaries. 'A larger percentage of households received grants compared to salaries as a source of income in five provinces: Eastern Cape (65.6% versus 49.0%), Free State (64.2% versus 54.6%), Limpopo (62.9% versus 50.4%), Northern Cape (64.0% versus 60.5%) and Mpumalanga (59.1% versus 56.8%),' Stats SA reported. In response to the rising numbers, Evashnee Naidoo from Black Sash said: 'The increase in poverty, unemployment and inequality increases month-on-month in South Africa due to poor economic growth and limited to no employment opportunities, particularly for those aged 18–59. As we know, the highest rate of unemployment is for the age group 18–35, where the government has also failed to provide an adequate social security safety net to protect and cushion individuals adequately from birth to death.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading With the government adopting austerity budgeting, Naidoo warned that 'spending on social spending is decreasing at an alarming rate. Black Sash calls on the government to end austerity budgeting and rather prioritise social spending so that it firms people living in South Africa and allows economic growth to flourish in communities,' she said. Naidoo said access to grants also remained an issue. 'Access to pay channels, as well as government institutions for recourse are particular challenges in the administration of grants, particularly in peri-urban and rural areas, where beneficiaries are shunted from pillar to post.' Black Sash said it would continue to call for permanent Basic Income Support for those aged 18–59 years. 'This would ensure dignity to our people and provide a secured source of income to individuals and households,' Naidoo said. THE MERCURY
IOL News
3 days ago
- IOL News
R12 million needed to refurbish Westville prison kitchen amid infrastructure concerns
Some of the prison facilities in KwaZulu-Natal and Gauteng are in a poor state. Image: Independent Newspapers Archives The closure of the kitchen at Westville Correctional Service Medium A in February due to non-compliance has put the spotlight on the crumbling state of prison infrastructure in KwaZulu-Natal. During a presentation to the Portfolio Committee on Correctional Services this week, the Department of Correctional Services (DCS) revealed that it needs R12 million to refurbish the Westville kitchen, which includes replacing equipment, repairing the floor surface, tiling, and painting. In the meantime, meals for inmates are being prepared by other kitchens within the Westville Management Area. Members of Parliament in the committee expressed concern over the poor condition of kitchens and facilities across several centres in KZN and Gauteng, many of which are in disrepair. MPs questioned why the facilities were in such a poor state despite hundreds of millions of rand being paid to the Department of Public Works and Infrastructure (DPWI) for maintenance. Committee chairperson Kgomotoso Anthea Ramolobeng said, 'We cannot keep on paying DPWI when servicing ought to be done but nothing happens whilst we are sitting with correctional facilities that are highly dilapidated, on the verge of collapse.' The committee was told that more than R842 million was paid to the DPWI during the 2024/25 financial year under the user charges allocation. However, the DPWI has relinquished most of its maintenance duties to the DCS, prompting members to question whether the DCS has formally requested a refund. Ramolobeng asked, 'What is the process of requesting a refund?' and said members wanted to know when a request was made and how the DPWI responded, if at all. The Modderbee Correctional Centre kitchen project in Gauteng also came under scrutiny. A full upgrade tender advertised by the DPWI lapsed with no award made. The DCS went ahead with limited renovations using its own staff and inmates in October 2023 at a cost of R94 464. The kitchen reopened in March this year but still needs R7 million for equipment.
