In a dramatic turn of events, the house of cards that is Matjhabeng seems about to come tumbling down.
On Tuesday morning, 20 May, an urgent meeting convened by the MEC for Cooperative Governance and Traditional Affairs (Cogta), Teboho Zacharia Mokoena, was to have taken place in Welkom to introduce the committee that is to implement the Section 139 (5) of the Constitution on instruction of the High Court.
This means Matjhabeng is to be placed under administration.
The speaker of Matjhabeng, Stofile Bheki, however, thwarted this attempt, by answering that the MEC must abide by the council’s standing rules and orders.
This act of defiance was firmly and immediately dealt with by the MEC.
In a reply to Bheki, Mokoena stated that Cogta was left in despair by the municipal response.
“The content of your letter displays a total disrespect for the law, courts and our Constitution.”
Teboho Zacharia Mokoena, MEC for COGTA
“The content of your letter displays a total disrespect for the law, courts and our Constitution.”
Mokoena says it is his duty to implement the court judgement and to align himself with the directives and timelines. He has told the municipality, in no uncertain terms, that should they not cooperate, he would request that the National Treasury withhold all grants to enforce the court order.
Mokoena has now ordered that the meeting to invoke Section 139 be held on 23 May, at 10:00, in the council chambers.
On 22 October 2024 in the Free State High Court, the DA took their application that Section 139(5) be invoked to court.
Mokoena says that on the strength of the court outcome and clear directive given, he wrote a letter to council requesting a special council meeting.
Vista, in an enquiry, asked Bheki why the municipality had defied the court order, and the MEC’s request for a meeting. Vista asked whether this defiance would not be construed as the municipality undermining the rule of law and the Constitution of South Africa. The municipality did not answer the media enquiry.
