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A legal tussle is brewing between the Limpopo’s department of cooperative governance, human settlement and traditional affairs and the Mopani District Municipality over the imposition of Section 139, which seeks to place the district under administration.
The Limpopo government decided to evoke the section after the district received a disclaimer audit opinion for two consecutive years from Auditor-General Tsakane Maluleke.
One aspect that influenced the action by the department was the dire financial situation of the municipality, spanning more than 14 years since 2009.
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The municipality said it was dealing with historical findings of unauthorised, wasteful, fruitless and irregular expenditures since 2009.
The Citizen has learnt the municipality owes creditors millions of rands and at times failed to pay service providers. Lepelle Northern Water Board is owed R257 million.
But when the department, under MEC Basikopo Makamu, walked to the municipality on Monday to enforce the section, the council, under the stewardship of the municipal manager Tshepo Mogano, had already filed an urgent court application at the High Court in Polokwane to nullify the action.
Municipal spokesperson Odas Ngobeni confirmed the matter is in the court waiting to be heard. Makamu said he was disappointed by the district for taking the matter to court. He said all the department wanted to do was to help the district to get out of its financial hole.
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