Thabazimbi municipality under administration: A political power play or constitutional obligation by Limpopo cabinet?

THE political power battle in the Thabazimbi local municipality in Limpopo took an interesting turn this week when the provincial cabinet decided to place the entity under administration.

The decision was based solely on the report by co-operative governance, human settlements and traditional affairs department (Coghsta) which spoke of political instability after the local government elections in 2021.

The municipality has since been given seven working days – from 15 August 2024 – to make representation on the decision of the provincial cabinet.

In the 2021 local government election, the municipality remained hung, but was later governed by a DA-led coalition with Tokkie Swanepoel as mayor and Butana Thlabadira as speaker of the council. The municipality was previously governed by the ANC as the majority party in the 23-seater council.

However, in an apparent show of unwillingness to accept the political arrangement in the municipality, an unruly group stormed the council meeting on 21 October 2022.

Police were called, but in vain. The meeting deteriorated further into chaos, forcing an adjournment from the speaker.

But ANC councillors and few others remained, and they re-drafted the agenda which included a motion of no confidence which led to the “ousting” of the mayor (Swanepoel) and speaker (Thlabadira). Municipal manager, Lindiwe Makanya, and other staff members were also removed.

ANC’s Judy Mohapi and Tshegofatso Ramoabi were installed as mayor and speaker respectively, with Segole Pilane becoming a municipal manager.

This manoeuvre – though it created two parallel structures in the municipality – was approved by Coghsta, and salaries of Swanepoel and Thlabadira were stopped.

However, after a lengthy court battle by DA, the manoeuvre was later found to be unlawful by then Acting Judge President Matsaro Semenya in the Polokwane High Court, thereby reinstating Swanepoel and Thlabadira to their respective positions late last year.

The ANC did not rest, and it approached the Supreme Court of Appeal (SCA), but failed. The party’s provincial executive council (PEC) then directed that all legal processes should cease.

At the same time, Coghsta had initiated an assessment of the municipality which culminated in what was described as a “comprehensive report” which formed the basis of the cabinet decision to invoke Section 139(1) (c) of the Constitution.

At the press briefing this week, Premier Dr Phophi Ramathuba spoke of the political instability in the municipality, and governance and financial issues which resulted in high vacancy rate and combined debt of R460m owed to Eskom and Magalies Water.

Ramathuba also highlighted that the municipality has not been able to adopt its budget for 2024/25 financial year on time.

It became clear that the decision will not be reversed and the representation by the municipality may be a mere formality.

“We will deal with the consequences later on. Whatever we are doing is not for selfish reasons. Whatever we are doing here is for the people of Thabazimbi,” Ramathuba said.

Coghsta MEC, Basikopo Makamu, was asked about other municipalities facing similar challenges such as Musina where governance has collapsed, with gates and doors literally shut for several days because of factional battles amongst ANC councillors.

“The [Musina] municipality is not functioning based on the factionalism of the party [ANC]. We look at what the legislation provides for. When we need to act in a particular way, we’ll be under the guidance of the Premier and we will do that,” Makamu said.

At the end of the press briefing, Ramathuba – known to be always ready to confront the media – made a surprising announcement that she would not conduct any one-on-one interviews on the matter.

But Swanepoel seem to have thrown a spanner in the wheel with revelation that ANC councillors “boycotted” executive and council meetings where crucial decisions were supposed to be taken.

In a statement, Swanepoel said: “The ANC councillors in Thabazimbi through their actions have caused the instability the Premier’s media statement speaks of. ANC councillors continually fail to attend executive committee and council meetings where crucial decisions need to be taken – directly causing the conditions the Premier is using to justify placing the municipality under administration.”

She did not rule out the possibility of approaching the court, citing a 2020 decision by the SCA which set aside the decision by the Gauteng government to place City of Tswane under administration “as a result of instability caused by the ANC”.

“The days of putting political games ahead of the needs of the community need to end and the DA will work towards that goal no matter what hurdles the ANC put in our way,” Swanepoel said.

She bemoaned the fact that the municipality learned via the media of the intention by the cabinet to place the entity under administration.

“This is unprocedural and shows the clear political intent behind the provincial government’s actions,” Swanepoel said.

She once revealed that the ANC in Thabazimbi was dipping into municipality’s coffers to fund its legal battle.

The element of truth may perhaps be found in the earlier statement of ANC regional secretary, Rufus Magoro, when he conceded legal defeat: “We are in talks with parties that are willing to work with the ANC. The resources used for legal battles will be channeled towards service delivery.”