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Eyebrows raised over Free State backlog of cases

───   TSHEHLA KOTELI 14:36 Thu, 19 May 2022

Eyebrows raised over Free State backlog of cases  | News Article
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The select committee on Cooperative Governance and Traditional Affairs, Water and Sanitation have raised concerns over the backlog of cases of alleged impropriety within Free State municipalities.

These cases relate to Section 106 of the Municipal Systems Act. Days after the National Prosecuting Authority (NPA) hosted an anti-corruption indaba in Bloemfontein, the committee has requested all law enforcement agencies to provide a progress report and reasons for the unacceptable backlog on cases.    

The committee has revealed that some of the cases date back to as early as 2011. A report by the committee, states they are worried that the backlog will hamper the fight against corruption and financial impropriety. However, fast-tracking cases just to get them off the books is not the answer. The report further reads that fast-tracking cases could also create the perception of a weak stance on allegations of corruption.

One of the cases still not finalised is the case of the Municipal Manager of Ngwathe Local Municipality who is accused of increasing his salary and approving a once-off payment.

The Hawks are currently investigating 20 cases contravening Section 106 of the Municipal Systems Act and the committee is of a view that an update is necessary to assess the progress and challenges, if any. One of the concerns that was raised by the committee is the political instability in some of the municipalities such as Mohokare Local Municipality, which has resulted in a delay in commencing investigations.

The chairperson of the committee, China Dodovu says that believe the delays and lack of consequence management undermine efforts to create a capable state as envisioned in the National Development Plan.

“The committee deems it important to call the Provincial Commissioner of the South African Police Service, the leadership of the Directorate of Priority Crimes and the National Prosecuting Authority to account on the reasons behind the delays.”

Meanwhile, the committee received a progress report on Section 154 support to the municipality and subsequently the court ordered mandatory intervention in terms of Section 139 (4) and (5) of the Constitution at Mafube Local Municipality. The committee welcomed various successes reported, such as the spending of 100% of capital grants for 2019/2020 on their intended purpose.

The committee also noted that the Provincial Executive has invoked Section 139 (5) (a) & (c) of the Constitution and has requested that it is provided with regular updates to ensure effective oversight. Regarding the Maluti-A-Phofung Local Municipality, the committee welcomed the fact that the municipality is at an advanced stage of an Active Partnering Programme with Eskom to ensure payment of its debt for services received.

The committee has instructed all parties concerned to speedily finalise the court dispute in relation to the salary levels of the Municipal Manager and the Chief Financial Officer to ensure a refocus on the delivery of quality services to the people of Maluti-a-Phofung who have received poor services for some time.

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