The ANC-run Umkhanyakude district municipality in the semi-arid northern part of KwaZulu-Natal says it is considering seeking legal recourse to reverse the decision to place it under administration three months after the previous intervention lapsed.
The Speaker of the municipality, Solomon Mkhombo, says the decision by the provincial department of cooperative governance and traditional affairs (CoGTA) led by MEC Reverend Thulasizwe Buthelezi from the IFP (Inkatha Freedom Party) is premature, unnecessary, and procedurally unfair intervention that disregards the autonomy and constitutional rights of the local government institution.
Exploring legal recourse
“We are also exploring legal recourse as this intervention may be inconsistent with the Promotion of Administrative Justice Act (PAJA), which requires that administrative action be lawful, reasonable, and procedurally fair. The council was not given adequate opportunity to respond to the alleged failures. Nor to present evidence of compliance and performance improvements. Should this intervention proceed without reconsideration, we will be compelled to seek a legal review of the decision in terms of PAJA and relevant constitutional provisions,” he said.
Mkhombo said this after on Monday Buthelezi went to the offices of the municipality in Mkhuze to introduce Bamba Ndwandwe as the new administrator, but found the offices locked. He had to introduce Ndwandwe from outside the offices.
Councillors of the ANC, the political party where Mkhombo comes from, boycotted the official introduction. He later slammed it as potentially unlawful. And he also alleged that Buthelezi misled the provincial government to have it greenlight the move.
No comprehensive engagement
“There was no comprehensive engagement process between CoGTA and the Council of UMkhanyakude before the invocation of Section 139(1)(b). Proper cooperative governance requires open dialogue, support, and mediation before imposing provincial control. We would have expected, as a matter of due process and good governance, that the department would engage with the council, identify the areas of concern, and allow reasonable time for internal corrective measures to be implemented.
“No formal warnings, performance audits, or technical support processes were offered to the municipality before the intervention. This makes the decision procedurally unfair and administratively excessive,” alleged Mkhombo.
Sets worrying precedent
Moreover, he said intervening under Section 139(1)(b) without incontrovertible evidence of failure sets a worrying precedent. It opens the door to politically motivated or reactive interventions in other municipalities across the province. And it undermines the perceived legitimacy of local councils in the eyes of the public.
In a statement, Buthelezi condemned the locking of the offices. He said despite this, he will remain steadfast in his commitment to upholding the highest ethical standards. This in the governance in municipalities in the province.
He also gave instructions to the officials and councillors who boycotted the introduction of Ndwandwe. He instructed them to fully cooperate with the administrator and the investigators.
