DA Limpopo concerned over legal battle amongst departments

The Democratic Alliance (DA) in Limpopo is concerned that legal battle between the cooperative governance, human settlement and traditional affairs (Coghsta) department and the embattled Mopani district municipality over the imposition of Section 139 of the municipal Financial Management Act will negatively affect service delivery.

The party said yesterday it was of the residents of Mopani,” DA councillor Mahlatswa Ramalepe said in a statement.

Embarrassing disclaimer audit

He said the DA believed the intervention by Coghsta was necessary in the wake of yet another embarrassing disclaimer audit opinion for the 2021-2022 financial year.

“The municipality must focus on implementing the Auditor-General’s action plan to track progress on the 2021-2022 findings and to implement the internal audit action plan,” he said.

The Citizen last week published an article in which the Coghsta complained it was unable to go ahead with the implementation of Section 139 because the municipality had already taken the Limpopo government to the High Court in Polokwane.

The municipality claimed the department was jumping the gun by placing it under Section 139 mandatory intervention.

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Prescripts not followed

It also believes the Limpopo government failed to follow certain important prescripts of the Act before trying to implement the section.

“This impasse between the Mopani municipality and the Coghsta is likely to result in a protracted legal battle that will result in large legal costs at the expense “This will ensure that the residents of Mopani receive the much-needed services of uninterrupted water delivery.”

Tim Maake, an expert in local governance, said Section 139 (a) states that the provincial council of the Limpopo provincial government may issue a directive to the municipal council, describing the extend of the failure by the municipality and steps to be taken to improve accountability.

“But once the municipality has failed, the provision of Section 139 (1) (b) may allow the executive council to take over the obligation of the municipality and or prevent the municipality from taking a wrong action.

“However, if the executive council opts to apply Section 139 (1) (c), of the constitution which is to dissolve the council until a newly elected council is in place, a written submission must be made to the provincial legislature, minister of cooperative governance and the National Council of Provinces.”

The municipality said a special council sitting on Friday unanimously reaffirmed its stance against the implementation of Section 139.

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