The secondment of Busisiwe Mgaguli as acting municipal manager of Sol Plaatje Municipality in Kimberley has sparked fierce controversy, with opposition parties and community groups demanding answers over the appointment of an official with a fraud conviction to lead the embattled municipality.

The DA has requested an urgent special council meeting to interrogate the recommendation and appointment, demanding that all relevant documentation relating to Mgaguli’s work history be tabled for council consideration.

Her appointment was confirmed during a closed council meeting on 1 October, raising questions about transparency and governance whilst the municipality is already reeling from allegations of financial misconduct against its suspended municipal manager, Thapelo Matlala.

The Nelspruit Regional Court granted the Asset Forfeiture Unit (AFU) a confiscation order against Mgaguli to pay back money she defrauded from the Mpumalanga Department of Finance.

In 2011 and 2012, whilst employed as senior manager of the Provincial Fiscal Discipline Unit, Mgaguli submitted false travelling and subsistence allowance claims totalling over R500 000, which was paid into her personal bank account.

In 2013, she pleaded guilty to fraud charges under section 112(2) of the Criminal Procedure Act. Following her guilty plea, the AFU successfully obtained a confiscation order from the High Court. Mgaguli was ordered to repay the defrauded amount with interest to the Curator Bonis, ultimately paying back over R780 000 to the Department of Finance.

Expressing outrage

The DA’s Sol Plaatje caucus leader, Heinrich Pieterse, expressed outrage that the matter was listed as confidential on the special council meeting agenda.

“The DA was not afforded the opportunity to scrutinise the curriculum vitae of the candidate, or have knowledge of who the candidate was, other than being made aware that the appointment would be a secondment,” Pieterse stated.

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The VF Plus, through MPL Theo Joubert, demanded clarification on the secondment, pointing out that Mgaguli previously served as acting municipal manager at Phokwane Municipality from 2020 to 2021, where legal action followed over the validity of her appointment.

Joubert noted that during recent Human Rights Commission public hearings on local government, Commissioner Henk Boshoff specifically referenced media reports about the appointment and the criminal conviction. The department’s official response was that the conviction “occurred more than ten years ago”.

However, the Commissioner later expressed concern about the apparent redeployment of officials involved in irregularities in the Northern Cape.

“A criminal record does not expire after ten years, and such a record must still be taken into account when someone is considered for a senior management position, especially where public funds and administrative authority are involved,” Joubert said.

Treasury defends decision

In response to media questions, the Northern Cape Provincial Treasury defended the appointment, stating that Mgaguli’s conviction was disclosed during the recruitment process and that she met the criteria for criminal record expungement under Section 271B of the Criminal Procedure Act.

The Treasury noted that Mgaguli was appointed to the Northern Cape Provincial Treasury in February 2012 and was promoted to chief director of Municipal Financial Management in November 2023. Upon discovering full details of her conviction and repayment agreement with Mpumalanga Provincial Treasury, the department issued her a final written warning.

Treasury argued that the appointment was based on several considerations: the offence occurred more than a decade ago, she had demonstrated cooperation with authorities, had no further infractions, and the criminal record was in the process of being expunged. The appointment panel found her to be “the most meritorious candidate”.

Temporary secondment

Tebogo Monyo, media liaison officer and spokesperson for Bentley Vass, MEC of the Department of Cooperative Governance, Human Settlements, and Traditional Affairs (Coghsta), said Mgaguli is not a permanently appointed employee of Sol Plaatje Municipality.

“The Council resolved to request the MEC to second a person to act as municipal manager, upon resolving to place Mr Matlala on precautionary suspension. The secondment is for a period that started on 29 September 2025 to 29 October 2025,” Monyo said.

“At the time of secondment to the municipality, the department was not aware of any criminal matters against Ms Mgaguli. The department has not received any complaints from other municipalities or stakeholders regarding the secondment of Ms Mgaguli.”

He said the department maintains a database of professionals who are suitably qualified to be seconded to assist municipalities across the province when requested through municipal council resolutions.

Governance concerns

The controversy raises serious questions about governance standards within the department and the office of MEC Vass, who authorised the secondment. Critics argue that the decision creates the impression that political considerations are being placed above integrity and good governance.

The Sol Plaatje Service Delivery Forum strongly opposed the appointment, questioning the ethics of appointing someone with a proven record of financial misconduct whilst the municipality is investigating alleged fraud by the current incumbent.

The forum highlighted the absence of a memorandum of understanding between the Municipal Council and the department outlining the terms and conditions of the secondment – a historical issue that previously cost the municipality money when it had to pay both an acting municipal manager and a suspended municipal manager simultaneously in 2018.

“It is unethical to appoint a candidate with a proven record of financial misconduct, charged and convicted for fraud which is a criminal offence, whilst the municipality is investigating alleged financial misconduct and alleged fraud offences against the current incumbent,” the forum stated.

The forum has called on all interested parties to intensify efforts to enforce accountability and clean governance. Residents, they argue, deserve a fit-for-purpose municipal manager who practises clean governance and can restore service delivery.

• Mgaguli did not respond to requests for comment.