Latest news with #Section139
IOL News
21-07-2025
- Politics
- IOL News
IFP stands firm on KwaZulu-Natal's controversial decision to place ANC-led municipality under administration
IFP president Velenkosini Hlabisa has defended KwaZulu-Natal government's decision to place the ANC-led municipality under administration. Image: Department of Cooperative Governance and Traditional Affairs / Facebook The IFP has vowed to defend the KwaZulu-Natal government's decision to place the struggling ANC-led Umkhanyakude District Municipality under administration despite the ANC's defiance. In a media briefing on Monday afternoon, President Velenkosini Hlabisa dismissed ANC's assertion that the provincial government is targeting municipalities under its leadership for political reasons. There was a drama last week when IFP's Cooperative Governance and Traditional Affairs MEC Reverend Thulasizwe Buthelezi was physically prevented from entering the premises of the municipality, in the north of the province, to formally introduce the appointed administrator, Bamba Ndwandwe. Hlabisa stated that the government's decision remains firm and will not be influenced by political pressures. 'This is not a political intervention. This is a Cabinet decision. As long as municipalities are passing unfunded budgets, Section 139 will apply. You can go and check the financial audit outcome of that municipality. It is not good; therefore, it qualifies for an intervention of this kind,' said Hlabisa. Premier Thamsanqa Ntuli, who was at the briefing, said there was a unanimous decision in the Cabinet with all MECs, including the three from the ANC; therefore, he did not understand why the leadership is challenging it. He said Umkhanyakude was placed under administration alongside two IFP-led district municipalities, so the assertion by the ANC that it is targeting its municipalities was unfounded. 'We removed an ANC-led Mooi Mpofana Local Municipality from the administration in the same Cabinet meeting, so we do not understand why the ANC is complaining in Umkhanyakude,' said Ntuli. He also announced that the municipality has taken the government to court for the matter. In a statement last week, the ANC said it vehemently rejected the unwarranted and politically charged decision by MEC Buthelezi to invoke Section 139(1)(b) of the Constitution in the uMkhanyakude District Municipality. It said the so-called intervention is nothing short of abuse of constitutional provisions for political gain, adding that it lacks merit, rationale, and integrity. 'The ANC is appalled by the continued misuse of Section 139(1)(b) by the MEC, who has turned what should be a last-resort mechanism into a political weapon, one that is selectively and cynically deployed against ANC-led municipalities, regardless of their performance. 'The uMkhanyakude District Municipality has made tangible progress in governance, financial recovery, and service delivery. There is no objective basis for this draconian step, which appears designed not to improve governance, but to score narrow political points and destabilise a functional administration,' read the statement. The party said it stands with the Council of uMkhanyakude District Municipality in resisting the opportunistic, mischievous, and dangerous actions of a power-mongering MEC who is hell-bent on destabilising a functional municipality and undermining service delivery to communities. It vowed to actively mobilise its supporters and communities to resist the advances of an MEC who the party described as having clearly defined himself outside of the Government of Provincial Unity (GPU). There are fears that the continued souring of relations between these two major partners of the GPU may create instability in the province, which is known for its political complexities. [email protected].
The Citizen
26-06-2025
- Politics
- The Citizen
‘Communities suffer while municipalities are not held accountable'
Community members and political parties on Wednesday tried to urge the Ngwathe Local Municipality to not appeal to the court judgment for intervention, but to rather prioritise the well-being of the community when they gathered at the municipal building where Council was to make a decision on whether the municipality will appeal the court decision. However, according to court documents an application to the High Court for leave to appeal was filed this week. This follows Judge J.P. Daffue's ruling in favour of AfriForum on Friday, finding the Ngwathe Municipality not fulfilling its constitutional, legislative and regulatory obligations towards residents of Parys, Vredefort, Koppies, Heilbron and Edenville. Daffue ordered as part of a structural interdict that the municipal council must be dissolved and the Free State provincial government must intervene in the municipality's affairs. Speaking on the court ruling earlier this week, Dumisane Magagula, secretary of the South African Municipal Workers Union (SAMWU), slammed Ngwathe's executive mayor, councillor Victoria de Beer-Mthombeni's defence that her administration inherited a mess, saying that although a legacy issue, it is the successor's entitlement. Magagula was clear that the former leadership cannot be blamed, while given the power and authority to bring change. He explained the aim of a Section 139 ruling as mainly to stabilise a municipality. He mentioned Ngwathe's failure to provide water and sanitation, and said the municipality had been mugged with maladministration and financial chaos, ending up in an over-estimated budget tabled at the State of the Municipality Address. Magagula said it is unfortunate that AfriForum ended up getting the ruling, while the provincial government should have acted earlier. 'Communities suffer while municipalities are not held accountable,' he added. He specifically referred to the budget tabled by Ngwathe, criticising councillors agreeing on a matter, even though it does not make sense and does not benefit the community. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
IOL News
23-06-2025
- Politics
- IOL News
Ngwathe Local Municipality's council dissolved due to service delivery failures
The water crisis in Parys, Free State, was among the many reasons why the Ngwathe Municipality was placed under administration. Image: Simphiwe Mbokazi African News Agency (ANA) Another Free State municipality's council was dissolved due to years of failure to provide basic services to the community. The Bloemfontein High Court found that Ngwathe Local Municipality is not fulfilling its constitutional, legislative and regulatory obligations towards the residents of Parys, Heilbron, Koppies and Vredefort. Following an application launched by AfriForum, the court ordered as part of a structural interdict that the municipal council must be dissolved and that the Free State provincial government must immediately intervene in the municipality's affairs. In his judgment, Judge Johannes Daffue stressed, among other things, that the municipality and its council are dysfunctional and that provincial government departments, and particularly the MEC for Cooperative Governance and Traditional Affairs (CoGTA), have failed to intervene in the affairs of the municipality in accordance with the Constitution. He also pointed out that he deems this a 'suitable case where the court should play the role of a watchdog.' In terms of Judge Daffue's ruling, the Premier of the Free State, the province's Executive Council and the other relevant respondents are directed to implement a recovery plan to restore service delivery and ensure that the municipality meets its financial obligations. They must also dissolve the Ngwathe Municipal Council and appoint an administrator until a new municipal council can be elected. The executive must further approve a temporary budget, revenue-raising measures or any other measures that will give effect to the recovery plan. The court also ordered that the Premier, as well as the Executive Council and the MECs for CoGTA and others to report to the court under oath and in writing every three months on the progress in the implementation of the order. The Ngwathe Municipality is the second in the province to have been placed under administration due to service delivery collapse. Cash-strapped Matjhabeng Local Municipality was recently placed under administration following years of governance failures that left residents without basic services. This was after the Free State provincial government invoked Section 139 of the Constitution against the municipality. The provincial government said this move was aimed at addressing severe financial mismanagement and service delivery failures. Judge Daffue meanwhile, in addressing the various failures of the Ngwathe Municipality, commented that its instability appears from the turnover of municipal managers since 2022 and the fact that several people are merely acting in senior positions such as that of chief financial officer. 'Other positions have not been filled which must have a serious effect on service provision,' the judge said. He also pointed out that Ngwathe's debt collection rate is extremely low, much lower than the norm and that the existing by-laws are not enforced with any degree of consistency. 'There is no indication when Ngwathe's by-laws would be reviewed as suggested by the municipal manager. No explanation is given for the delay in this regard. Bearing in mind Ngwathe's precarious finances, a review of its by-laws relating to fiscal and credit policies is long overdue,' the judge said. In addressing the municipality's water crisis, the judge said the allegation that the water was not contaminated by faecal matter is false on Ngwathe's own version. The evidence presented also proved that sewerage spillage is a daily occurrence which has been continuing for several years and it is even flowing into the Vaal River, the judge said. [email protected]
IOL News
26-05-2025
- Politics
- IOL News
ActionSA calls for urgent intervention in Emfuleni municipality crisis
ActionSA is demanding that the Gauteng Premier place Emfuleni Local Municipality under mandatory administration due to years of financial mismanagement and service delivery failures that have led to a crisis. Image: Itumeleng English Independent Newspapers ActionSA has ramped up pressure on Gauteng Premier Panyaza Lesufi and Finance MEC Jacob Mamabolo, demanding that Emfuleni Local Municipality be placed under mandatory administration. The party said years of financial mismanagement, collapsing infrastructure, and failed service delivery have pushed the municipality beyond the point of recovery without urgent national intervention. "It is now imperative that the Gauteng Provincial Government invoke Section 139(5) of the Constitution and place Emfuleni Local Municipality under mandatory administration, with the full oversight of National Treasury." ActionSA Gauteng provincial chairperson, Funzi Ngobeni MPL, has criticised the ongoing oversight failures in Emfuleni, warning that years of ineffective and incomplete interventions under Section 139(1)(b) have allowed the municipality to slide into what he described as a 'full-blown crisis.' Ngobeni stressed that Emfuleni's dire financial state is undeniable, citing the municipality's R7.1 billion debt to Eskom and mounting arrears with Rand Water as key indicators of its insolvency. He added that massive service delivery failures, including 62% water losses and 22% electricity losses — amounting to over R750 million in annual lost revenue — have left basic services out of reach for many residents. 'Ongoing sewer spillages, neglected infrastructure, and collapsed waste management systems have turned essential services into a luxury most communities can no longer count on,' Ngobeni added. Ngobeni further pointed to the ongoing sanitation crisis at the Ramaphosa informal settlement as a glaring example of Emfuleni's collapse. 'The fact that portable toilets have gone unserviced for more than four months is not just unacceptable — it should be the final straw…this level of neglect underscores why urgent intervention through Section 139(5) is no longer optional but absolutely necessary. 'Despite Premier Lesufi's belated instruction to the Gauteng Human Settlements Department to resolve the matter, it is clear that without intentional, decisive provincial intervention, residents will continue to suffer. Emfuleni's failure to provide basic sanitation is not confined to one settlement – it is a systemic, recurring feature of a municipality in collapse,' he said. Previously placed under administration due to chronic service delivery failures, Emfuleni Local Municipality remains in disarray. Ngobeni has slammed the earlier Section 139(1)(b) intervention, terminated in 2022, as a 'disastrous failure.' The party argued that the measure merely offered a façade of oversight while allowing Emfuleni's political leadership to retain control over the budget and continue with unchecked, irresponsible spending. "The situation has now escalated beyond discretionary oversight. ActionSA, therefore, supports the immediate implementation of a financial recovery plan in terms of Section 139(5), which would transfer financial control to National Treasury and impose mandatory reforms," he said. Ngobeni stated that ActionSA has formally submitted a proposal to the Gauteng Legislature's COGTA Committee, urging the Portfolio Committee and Premier Panyaza Lesufi to act swiftly. He said the municipality's dire financial state requires immediate fiscal control by the National Treasury to enforce a funded and credible budget capable of addressing years of financial mismanagement. 'An immediate fiscal control by National Treasury to enforce a funded and credible budget, aggressive debt recovery aligned with Eskom's debt relief framework, and prioritised infrastructure restoration in water, electricity, and sanitation,' said Ngobeni. He further added that stabilising the municipality's leadership is also crucial to turning things around. 'Appointing a permanent Municipal Manager and Chief Financial Officer without delay is vital to restoring governance and accountability in Emfuleni.' ActionSA is not the only political party placing pressure on the embattled Emfuleni Local Municipality. As previously reported by The Star, the Democratic Alliance (DA) has also taken decisive action by referring the municipality to the South African Human Rights Commission (SAHRC). The DA is calling for a full investigation, citing long-standing and severe service delivery failures. According to the party, these failures have subjected residents to inhumane living conditions, effectively violating their constitutional rights to basic services such as clean water, adequate sanitation, and a safe and healthy environment. The Star [email protected] ActionSA is demanding that the Gauteng Premier place Emfuleni Local Municipality under mandatory administration due to years of financial mismanagement and service delivery failures that have led to a crisis. Image: File
News24
12-05-2025
- Politics
- News24
Matjhabeng's legal bills under fire amid court-ordered provincial intervention
This pronouncement from the court revealed that the municipality itself did not contest the fact that it was failing to fulfil its constitutional duties, leading to the DA's attempt to invoke Section 139. A legal status report revealed that although the municipality adopted various litigation strategies to control legal costs since 2015, implementation was erratic and largely ineffective City Press had previously reported that Matjhabeng was grappling with a runaway legal bill amounting to R134 million in claims As the courts affirm that the Matjhabeng Municipality should be placed under provincial administration due to its failure to uphold constitutional obligations, serious concerns are mounting over the municipality's excessive legal spending — diverting crucial funds away from essential service delivery. The Free State High Court in Bloemfontein recently upheld its earlier ruling, dismissing Matjhabeng Municipality's application for leave to appeal in a case brought by the DA. The legal action sought to invoke Section 139 of the Constitution, paving the way for provincial intervention in the municipality's affairs. Section 139 of the SA constitution outlines the powers of the provincial executive to intervene in a municipality that fails to fulfil its constitutional or legislative obligations. This intervention can include providing support, appointing administrators, or even dissolving the council if necessary. National legislation further regulates the processes involved. The DA had argued, and the court agreed, that Matjhabeng was in serious and persistent breach of its constitutional duties to provide basic services and manage its finances effectively, as required by Sections 152(2) and 153(a) of the Constitution. Court ruling and failed appeal In the initial judgment, delivered on 30 May 2024, and referenced in the application for leave to appeal by the Matjhabeng municipality, which was heard on 7 March 2025, Judge Van Rhyn stated that it was 'not disputed that Matjhabeng Municipality breached its duties under subsection 152(2) and 153(a) of the Constitution'. '[The] court [was] compelled to declare that [the] municipality is in serious or persistent breach of obligation to provide basic services and meet financial commitments as [a] result of a crisis in its financial affairs.' This pronouncement from the court revealed that the municipality itself did not contest the fact that it was failing to fulfil its constitutional duties, leading to the DA's attempt to invoke Section 139. Following that ruling, the Matjhabeng Municipality applied for leave to appeal — but Judge Van Rhyn dismissed the bid, finding no merit in the application. The court noted that the municipality introduced 'new arguments… for the first time in the application for leave to appeal,' which the judge criticised as procedurally flawed. It is not permissible for a litigant to raise new issues in an application for leave to appeal. Judge Van Rhyn Judge Van Rhyn ultimately ruled that the application had 'no reasonable prospects of success on appeal and stands to fail,' and ordered the municipality to pay the legal costs of the application. Foundation calls for transparency, forensic probes, and political accountability Despite the court's decision mandating provincial intervention, the Matjhabeng Community Foundation (MCF) has flagged alarming figures tied to the municipality's legal expenditure. According to the MCF, a staggering amount of public funds continues to be spent on legal battles — often unsuccessfully — instead of on urgently needed service delivery. City Press had previously reported that Matjhabeng was grappling with a runaway legal bill amounting to R134 million in claims — a situation that has severely strained the municipality's finances. A legal status report, authored by senior legal manager Mthuthuzeli Vanga, revealed that although the municipality adopted various litigation strategies to control legal costs since 2015, implementation was erratic and largely ineffective. Despite having multiple strategies, the municipality struggled to enforce them consistently. Teboho Elisha, acting spokesperson of the Matjhabeng Community Foundation voiced alarm over this trend, questioning whether anyone is being held accountable. The question is, when will this stop? Who is benefiting from these litigations? Teboho Elisha 'Several publications recently reported on Matjhabeng's legal status report, which laid bare taxpayers' wastage on failed litigations. Has this report been tabled before council? Who is being held accountable for the reported R300 million wasted?' Elisha also pointed fingers at the municipality's leadership. He told City Press that MCF is 'deeply concerned about the legal costs incurred by the municipality in the past three years under the leadership of [convicted mayor] Thanduxolo Khalipha'. It has been clear from the onset that the intention was never to defend the institution but to advance other motives. This is informed by the fact that the municipality has paid more than what they should have settled for. Instead of settling for R100 million acknowledged debt, they decided to defend losing cases left, right and centre, and now the costs could amount to a quarter billion. Elisha He added that 'as far as we are concerned, the legal report [by Vanga] has not been tabled before council. As ratepayers, we are still waiting for this report to be tabled in council for discussion and resolution.' Elisha called for swift accountability, stating that the foundation believes the recommendation by Vanga to appoint senior counsel for an investigation must be implemented urgently. On the broader crisis of leadership, Elisha said that 'as long as there's controversy around the leadership of the municipality, the public trust has been compromised, and ratepayers have lost hope.' The MCF had also last month submitted a formal complaint through its lawyers to Matjhabeng Speaker Bheki Stofile, questioning why there has been no investigation into misconduct complaints lodged against Khalipha. The foundation warned that reinstating Khalipha as mayor — after his criminal conviction and before the misconduct investigation was concluded — would be premature, unlawful, and open to legal challenge. City Press can confirm that Khalipha returned to office on 10 April. The MFC lawyers requested confirmation on whether disciplinary proceedings took place and asked for all reports, communication with the MEC for local government, and documentation regarding any action taken to recover municipal property allegedly withheld by Khalipha during his suspension. Elisha also criticised the ANC's internal contradictions: 'We are seeking legal advice while noting in the public domain the inconsistencies of the implementation of the ruling party constitution on step aside. We are aware that Khalipha has appealed his criminal conviction and has to appear on the Integrity Committee of the ruling party while back in the offices of the municipality. 'Having him in office before his legal matters conclude puts Matjhabeng Local Municipality in disrepute and raises legal and labour risks.' 'Since taking over, a lot of damage has been done to both the institution and residents such that his continued leadership will further deepen the crisis. Matjhabeng needs a proper leader whose credentials are not questionable. Khalipha's primary education is not sufficient to bring a significant change. It further widens the gap and decreases trust between communities and the institution,' Elisha said. On the state of services, he painted a grim picture: 'We are constantly on the ground and interact with the community regularly. We can confirm that residents of Matjhabeng are constantly confronted with raw sewage daily, and the road infrastructure is terrible with dumping sites everywhere.' Elisha said the foundation 'supports the urgent implementation of Section 139 to protect the administration from political interference,' and has called for 'forensic investigations to protect the public purse and curb wrongdoing.' On the other hand, City Press sources have revealed that the municipality's preoccupation with legal challenges has not only drained financial resources but also shifted internal focus away from collapsing infrastructure and service backlogs. One source said: 'We're in court more often than we're on the ground. The energy that should be going into fixing sewage, water supply, and billing systems is being lost in litigation that we often lose.' Another municipal official added: 'what's being exposed in court are not technicalities — they're systemic failures. These court losses aren't isolated incidents; they're part of a pattern.' As the process for placing Matjhabeng under administration unfolds, attention is turning not only to governance failures but also to how ratepayer money continues to be spent. The provincial executive now faces the task of confronting both the governance and financial rot exposed in Matjhabeng.
