Amatola Water Board: Mchunu takes on ‘graft’

Water and Sanitation Minister Senzo Mchunu’s decision to disband the Amatola Water Board – overturned last year by the Eastern Cape High Court in Makhanda on the grounds of failure to follow processes – could backfire if his appeal fails to convince judges on substantive issues, according to an expert.

Judge Nomathamsanqa Beshe last year ordered Mchunu to immediately reinstate the board, but the minister opted to appeal the judgment – a dispute water affairs expert Anthony Turton said would depend on substantive issues.

Two months after the board’s disbandment, Beshe found Mchunu’s action to be procedurally flawed. She ordered that Mchunu’s decision to terminate the board be set aside.

Appeal

While board members Buhle Tonise, Zama Xalisa, Mxolisi Sikhosana, Tabisa Wana and Nkosazana Jongilanga hoped to return to serve Amatola, Mchunu resorted to an appeal.

Said Tonise: “A decision by Minister Mchunu to dissolve the Amatola Water Board was overturned by the high court. We are of the view the minister is exercising his legal right by appealing. “The court will determine whether exercising that right is in the best interest of governance and service delivery.

“The entity was on the brink of collapse when we were appointed. “Only one executive manager was permanent and was appointed as acting chief executive – leading to instability – and we had to remedy the situation.

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Interim board

We have been replaced by the interim board.” Mchunu’s spokesperson Kamogelo Mogotsi said lodging an appeal “stays the order and as a result the interim board, as appointed by the minister, remains and is responsible for executing necessary duties”.

Turton said the success of Mchunu’s appeal would depend “not on procedural, but substantive issues”.

“These matters are always complicated when they go before the courts. It becomes important to distinguish between two sets of issues – procedural and substantive.

“I would argue that procedural issues are what the high court relied on to come to its verdict to reinstate Amatola Water Board members. The court hearing was about whether the minister followed due process in coming to his decision to disband the board. This will take some time for lawyers to argue.

“The substantive matter is that the Amatola Water Board has been dysfunctional for a long time. We now know there has been skulduggery among politically connected people in authorising payments for services.

“Mchunu seems to have deliberately drawn a line under corruption and malfeasance. The minister cannot defend the indefensible. To win this case, all will depend on the substantive issues he presents to the appeal court. “He is going up against the politically connected people with vested interests in these entities.

“If the interim board has been cut off from these syndicates, they will likely improve service delivery. I cannot see a new board succeeding unless there is a robust criminal investigation.”

ALSO READ: Sisulu puts Amatola Water Board under administration

– brians@citizen.co.za