AS the battle for control continues in the Thabazimbi Local Municipality, where there has been no stability since October 2022, the Limpopo Department of Co-operative Governance, Human Settlements and Traditional Affairs (Coghsta) may be placed under administration.
Thabazimbi Municipality has been rocked by allegations of fraud and corruption resulting in an ongoing court litigation that has left the municipality unable to function properly and provide adequate services.
In a letter authored by councillor David Masilo who claimed to be the rightful Chief Whip and addressed to the Public Protector, Masilo claimed that after the ANC lost votes during the last local government elections, the party became the opposition at council with only 11 out of 23 council seats, which marked the beginning of all the challenges facing the municipality.
“Immediately after the 2021 local government elections, the DA, Thabazimbi Forum for Service Delivery, Thabazimbi Residents Association, and the EFF formed a coalition government, Councillor Tokkie Swanepoel became Mayor, Councillor Ben Thlabadira became the Speaker of Council and Councillor Tokkie Sikwane became the Chief Whip,” read the letter.
“On October 12,2022, the African National Congress, with the support of the Thabazimbi Residents Association and the EFF, passed a motion of no confidence in the Mayor and the Speaker respectively.
“This resulted in the election of Councillor Judith Mogale as Mayor and Councillor Tshegofatso Ramoabi as the Speaker. Council also removed Councillor Stokkie Sikwane as the Chief Whip and elected Councillor David Masilo as the Chief Whip. Council also removed Lindiwe Makaya who was the Director of Planning and Economic Development as the Acting Municipal Manager and appointed Mr Segale Pilane as the Acting Municipal Manager.”
Following this, ousted Speaker Thlabadira approached the court which set aside the decision by council to remove them.
In October 9, 2023, ANC councillors approached the Polokwane high court to interdict Makaya who was appointed Acting Manager, from accessing the municipal funds kept in the Absa bank, the interdict was granted in their favour on the same day.
However, after another court review application, the ruling preventing Makaya from accessing the funds was held until the main case where Swanepoel and Thlabadira won the Supreme Court of Appeal case in which the court dismissed the ANC’s case seeking to remove Swanepoel and Tlhabadira.
“On March 8, 2024, the SCA dismissed the application of the municipality for leave to appeal and immediately reinstated Tokkie Swanepoel as the mayor and Ben Thlabadira as the Speaker of council. Councillor Tokkie Sikwane was reinstated as Chief Whip. Councillor Swanepoel and Councillor Ben Thlabadira unlawfully reappointed Miss Lindiwe Makaya as Acting Municipal Manager,” read the letter.
According to the letter, Mohale Attorneys wrote to ABSA on April 1, 2024, warning the bank not to allow Makaya access to the funds, however, this was ignored by Absa which argued that it would only allow office bearers to the municipal accounts.
In his letter, Masilo asked the Public Protector to institute a full investigation into the transactions performed by Makaya.
In response to the publication, Absa spokesperson Carli Cooke said Absa was aware of a dispute about the authority to transact on the bank accounts of the municipality. However, “to preserve the status quo while the competing claims are resolved by the Courts, Absa has restricted access to the accounts and will permit only essential transactions agreed to by all parties, in particular, those relating to municipal employees”.
Approached for comment, Swanepoel, Makaya, and Thlabadira did not respond to questions from the publication.
The municipality spokesperson Joshua Motsomane said he was on sick leave.
The Limpopo Coghsta MEC Basikopo Makamu told the Sunday Independent that the residents of Thabazimbi have suffered as a result of the endless court litigations and parallel structures that have caused confusion.
“The municipality is unable to deliver services to the people, in their last financial year, only 20% of the budget was spent on service delivery, the rest has been paying legal fees for various court litigations
“At some stage the residents invited me to a meeting where they were clear about their frustrations as the municipality has not properly functioned since 2022. We have also learned that people with no experience are hired as directors and recruitment policies are not being followed. We simply cannot allow this to go on,” said MEC Makamu.
Section 139 of the Constitution authorises the provincial executive to intervene in a municipality when it does not fulfil its executive obligation in terms of legislation.
thabo.makwakwa@inl.co.za