Sakhisizwe Local Municipality Ordered to Rectify Illegitimate Executive Decision

The Cooperative Governance and Traditional Affairs Minister Thembi Nkadimeng has directed the Sakhisizwe Local Municipality in Cala, Eastern Cape, to correct a decision it made in 2021 to increase the number of its executive committee members from three to four. In a letter addressed to the municipality's speaker, Nomzamo Mkati, Nkadimeng stated that the decision violated Section 43 of the Municipal Structures Act.

The municipality had received multiple letters from the provincial Department of Cooperative Governance and Traditional Affairs advising it to rectify the decision. However, the municipality failed to comply with the requests, prompting the minister's intervention.

Why this matters: The issue highlights the importance of local municipalities adhering to legal frameworks and guidelines in their decision-making processes. Non-compliance with such regulations can lead to governance challenges and undermine the integrity of municipal structures.

According to the Municipal Structures Act, the number of members in a municipality's executive committee is determined by the size of the municipality and its council. By increasing the number of executive committee members without proper legal basis, the Sakhisizwe Local Municipality acted in contravention of the law.

The minister's directive to the municipality emphasizes the need for accountability and adherence to statutory provisions in local governance. This underscores the necessity that decisions made by municipal authorities must align with the legal framework to ensure effective and legitimate administration.

The Sakhisizwe Local Municipality is now required to take corrective measures and revert to the lawful composition of its executive committee. Failure to comply with the minister's order could lead to further legal consequences and potential intervention from higher authorities.

The incident highlights the crucial role played by oversight bodies, such as the Department of Cooperative Governance and Traditional Affairs, in monitoring and ensuring compliance within local government structures. It also highlights the need for transparency and adherence to due process in municipal decision-making to maintain public trust and effective governance.

Key Takeaways

• Minister directs Sakhisizwe Municipality to correct illegal increase in executive members.
• Municipality violated Municipal Structures Act by expanding executive committee beyond legal limit.
• Oversight bodies monitor compliance to ensure effective and legitimate local governance.
• Municipalities must adhere to legal frameworks in decision-making to maintain public trust.
• Failure to comply with minister's order could lead to further legal consequences.