The Economic Freedom Fighters (EFF) in the Northern Cape has rejected the appointment of an acting municipal manager at Phokwane Municipality.
The party has taken the matter to court and wants the appointment reversed. It says the process followed to appoint an acting municipal manager is not procedural and therefore unlawful.
Phokwane Municipality is one of the smallest municipalities in the province. Due to its size, it does not have an executive council but instead a plenary council.
This simply means the mayor cannot unilaterally make decisions without the council. The EFF says, therefore, the decision to appoint an acting official is legally flawed.
Northern Cape EFF Secretary Shadrack Tlhaole says, “They are using their majority to do wrong things that are illegal and not informed by the policy documents of the municipality. So our reason to take the municipality to court is as a result of the flaws that the mayor has embarked on. The wrong things that he did. A municipality as Phokwane that is not an executive council but plenary, they cannot on their own, they cannot individually decide that they can do anything without consulting council.”
Mayor Olebogeng Tumodi says he took the decision after consulting with the department of Corporate Governance, Human Settlements and Traditional Affairs. He says the decision was also in the best interest of service delivery and residents.
Political analyst Dr Sethulego Matebesi says Phokwane Mayor, Olebogeng Tumodi cannot unilaterally take decisions that are supposed to be taken by the council.
Matebesi says EFF took the right decision in challenging the matter legally. “The EFF does have a point. Because you cannot have a situation where a decision that was supposed to be taken by the municipal council is now taken by an individual. The mayor is there for the political oversight. But at the end of the day, it is the municipal council which has to take such a critical decision as with regard to the appointment of a municipal manager.”
In the court papers, the EFF says both Municipal Structural and Systems Acts have been contravened. It adds that the appointee must not carry any municipal duties and instead she must vacate the position with immediate effect.
The case will be heard in court next week Thursday.
