By René Steyn | DA Councillor Matjhabeng Local Municipality
Note to editors: Please find attached English and Afrikaans soundbites by Cllr René Steyn and Sesotho soundbite by David Masoeu MPL
The Matjhabeng Council reconvened on 21 January 2025 to deliberate further on the matter of Executive Mayor TD Khalipha’s unpaid leave, following a legal opinion that deemed the initial resolution procedurally flawed.
Despite the urgency of the matter—heightened by imminent salary payments this week—the meeting ended without a resolution due to confusion within the ANC caucus and an abrupt adjournment by the Speaker.
The Democratic Alliance (DA) maintains its position that rescinding the September 2024 resolution should be postponed until an investigation into the Executive Mayor’s alleged desertion and criminal conviction under the Code of Conduct for Councillors is concluded.
This approach upholds the principles of procedural fairness under the Audi Alteram Partem Rule by allowing the Mayor an opportunity to respond to allegations and address procedural irregularities identified in the initial resolution. By ensuring that these flaws are rectified post-investigation, the municipality can avoid further legal risks and uphold its constitutional obligations.
The DA has consistently emphasised the responsibility of councillors to safeguard public funds and prevent wasteful expenditure in a municipality already burdened by severe financial challenges.
The DA’s proposal, seconded by other opposition parties, was reportedly supported by the Speaker, who agreed that rescission and investigation processes should proceed concurrently.
However, confusion within the ANC caucus—where members mistakenly believed rescission should occur before the investigation—led to prolonged debate and, ultimately, the Speaker’s abrupt adjournment of the meeting. This decision prevented DA councillors from addressing the House and left the Council without voting on the DA’s validly proposed and seconded recommendation.
As a result, the Council failed to resolve the rescission, leaving two critical issues unresolved:
- No decision on rescission: The September 2024 resolution regarding the Mayor’s unpaid leave remains in effect.
- Risk of invalid implementation: Any unilateral action by the Municipal Manager’s office to implement the rescission and reinstate the Mayor’s benefits without a valid Council resolution would violate legal protocols, potentially exposing the municipality to further procedural and financial irregularities.
The DA asserts that its proposal is the only validly seconded recommendation from the meeting. In the absence of a Council decision, the party will strongly oppose any attempt by the Municipal Manager’s office to unilaterally implement the rescission.
Should this occur, the DA reserves the right to:
- File a motion of no confidence against the Speaker for failing to provide clarity during the meeting and adjourning without due process.
- Pursue legal action against any unlawful implementation of the rescission, holding those responsible accountable for contravening the law and misusing public funds.
- Request intervention from the MEC for Cooperative Governance to address procedural failures and ensure the Council fulfils its duties responsibly.
The DA remains committed to protecting the public interest and ensuring that the financial resources of the Matjhabeng Municipality are managed with integrity and accountability.