Noordkaap Bulletin

Budget breakthrough amid legal battle: Sol Plaatje council secures temporary truce

Illegal dumping in Kimberley
Illegal dumping on the corner of Regiment Way and Cricket Street. PHOTO: Helena Barnard

KIMBERLEY – After a series of dramatic collapses in previous attempts, the Sol Plaatje Municipal Council in Kimberley finally succeeded in convening on Saturday to adopt its Adjustments Budget and Service Delivery and Budget Implementation Plan (SDBIP).

However, whilst the budget’s passage marks a technical victory for the city’s administration, the meeting served to further highlight the fractured political landscape and ongoing legal battle over the reinstatement of municipal manager Thapelo Matlala.

Thapelo Matlala
Thapelo Matlala in January at the High Court in Kimberley. PHOTO: Charné Kemp

The African National Congress (ANC) in the Frances Baard Region has hailed the budget adoption as a “solid foundation” for accelerating service delivery across all 33 wards in its first media statement about the issue in months.

Despite the previous two meetings collapsing, the ruling party maintains that its persistence in the legal arena is driven by commitment to “proper administration of local government” and the interests of justice.

ALSO READ: Municipal manager triumphs in court over Sol Plaatje speaker, mayor and council

The ANC pleaded for legal processes regarding Matlala to be “respected”. The party’s leadership, including executive mayor Martha Bartlett and speaker Dipuo Peters, has filed a new appeal after withdrawing the previous one against a January Kimberley High Court ruling that declared Matlala’s suspension null and void.

The ANC argues that the appeal is necessary to prevent “unwarranted penalisation of officials” and to address “important and recurring questions of law” regarding senior manager disciplinary regulations.

Furthermore, the party insists that whilst the legal saga continues, the municipality has “diligently demonstrated a commitment to serve” and that whoever is appointed to act as municipal manager must be supported to avoid halting services.

Opposition parties, however, tell a vastly different story.

Pontcho Mocwana from the Economic Freedom Fighters (EFF) claimed in a video statement on mynortherncape.tv that during Saturday’s meeting, they and other opposition members successfully “suppressed corrupt activities” by electing what they termed a “corrupt-free acting municipal manager” to facilitate the budget tabling.

The EFF remains adamant that the ongoing legal battle is “political” rather than a labour issue, accusing the speaker of “overtly” refusing to withdraw the appeal against Matlala’s return.

‘Abusing power’

Councillor Dennis Pienaar, representing the Sol Plaatje Service Delivery Forum, levelled severe accusations against the speaker and mayor following the session. Pienaar asserted that the speaker “abused her power by refusing to execute a lawful council instruction to invite Matlala to the meeting, thereby undermining the council’s legislative authority.”

He further alleged that the speaker and mayor initiated the legal appeal against Matlala without council approval, which serves as the final decision-making body.

Pienaar characterised the ongoing conflict as a struggle against “stealing money out of the coffers of the municipality”, specifically referencing a R2,5 billion Budget Facility for Infrastructure (BFI) fund. He raised questions regarding the ANC’s motives, asking why the party would reportedly offer the municipal manager a R5 million “golden handshake” if there were legitimate grounds for his suspension.

‘Political agenda’

Heinrich Pieterse from the Democratic Alliance (DA) echoed these sentiments, tabling a “motion of exigency” during recent proceedings.

The motion demanded that the speaker rescind the municipal manager’s suspension, withdraw all legal charges against him and uphold the High Court decision requiring his immediate return to office.

The DA maintains that “political meddling” continues to plague the administration and that the legal battle is a “political agenda” being prioritised over essential service delivery.

‘Steamroller tactics’

Johan Smit, Freedom Front (FF) Plus councillor, described the lead-up to the meeting as a week of “high drama” following previous sessions that ended in disorder due to what he termed “ANC steamroller tactics” and opposition resistance. Smit noted that whilst some opposition members considered a boycott to pressure the ANC, the FF Plus chose to participate to prioritise community interests over “political points” and ensure the budget was approved before the 1 March deadline required by the Municipal Finance Management Act (MFMA).

A significant hurdle was the legal requirement for a municipal manager to be present for the meeting to be valid. Because Matlala’s position remains subject to legal dispute, Smit proposed that an acting municipal manager be appointed specifically for the session’s duration. This led to direct confrontation where the ANC nominated Khuza Bogacwi and the opposition nominated René Godsson.

Godsson was ultimately elected by 28 votes to 26, allowing budget proceedings to move forward.

‘Impact on residents severe’

Whilst the political elite trade legal blows, the impact on residents is reportedly severe.

Congress of the People (Cope) acting chairperson Pakes Dikgetsi has called for urgent national intervention, citing “total collapse of basic service delivery” characterised by unreliable water supply and raw sewage spillages. Dikgetsi described the municipality as being “paralysed” by political chaos and unlawful conduct.

Political analyst Professor André Duvenhage has characterised the ANC’s legal tactics as a “Stalingrad-type strategy”, alleging the party is manipulating legal processes to maintain control over municipal tenders and budgets to fund upcoming election efforts.

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