Less than a month after having violated the Municipal Structures Act by purporting to have passed the municipal budget with far less than a majority of the vote, and violating the Municipal Finance Management Act by irregularly appointing a permanent Chief Financial Officer, the rogue Sunday’s River Valley Municipality (SRVM) has struck again.
SRVM seems to be determined to achieve a hat trick in maladministration, as they have proceeded to adopt an organogram without the majority of the vote in Council, violating Section 66 of the Local Government: Municipal Systems Act in the process.
It would appear that SRVM have also adopted the organogram without consulting with local labour forums, which is a critical component in the finalisation and adoption of an organogram.
Also concerning is that some positions of currently employed employees are not reflected on the organogram, which creates an opportunity for ‘ghost’ employees on the organogram and is highly irregular.
In terms of section 66 of the Local Government: Municipal Systems Act sub-section (3) clearly stipulates that:
“No person may be employed in a municipality unless the post to which he or she is appointed is provided for in the staff establishment of that municipality”.
Critical positions, such as that of the Chief Internal Auditor and Local Economic Development Coordinator are not reflected, and should they be vacant, new appointments will not be able to be made, as they will be deemed null and void in terms of the Systems Act.
Concerns were raised by the Democratic Alliance opposition members in the Council in terms of the irregular process for the adoption of the organogram. This time the minutes reflect that there were only six councillors out of the 16 councillors present and voting in favour, although nine would have been needed for a quorum.
The Democratic Alliance has submitted questions to the MEC of Cooperative Governance and Traditional Affairs, Xolile Nqata, to investigate what is happening in SRVM.
The DA is appealing to the new MEC to rise to the occasion and intervene in municipalities where the letter of the law is blatantly being ignored, with possible devastating consequences for the people, such as in Sunday’s River Valley Municipality.
How long will the MEC allow rogue municipalities in the Eastern Cape to continue to violate the rule of law?
The DA is the only party that fights for rule of law, fair and legal processes and procedures, so that the people will not be negatively affected by poor service delivery.
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