A DA councillor is at loggerheads with the financially distressed Sakhisizwe local municipality in Cala, accusing the municipality of dragging its feet in compensating him for alleged underpayment of nearly R1m since 2021.
This has led to the DA’s Monwabisi Malungisa threatening to take the embattled municipality to the high court in an effort to recoup more than R927,000.
After the 2021 local government elections, the Sakhisizwe municipal council appointed an executive committee of four members instead of the three prescribed by legislation.
The four-member executive committee was in place for more than two years, putting the municipality in the crosshairs of former provincial co-operative governance MEC Xolile Nqatha.
In November 2021, Nqatha wrote to the council, warning it needed to comply with the Municipal Structures Act by not incurring unauthorised expenditure as a result of appointing a four-member executive committee.
Malungisa, who is still one of three municipal executive members, told the Dispatch the council’s previous resolution resulted in him having received a salary for “far less” than he should have as a member of the executive.
This was despite a special council meeting in June 2024 resolving that Malungisa should receive the salary of a municipal executive, rather than that of an ordinary councillor.
“Since 2021 they have been paying me a salary far less than I should be receiving.
“Since then, I have been pursuing the issue. It has never been corrected.
“I have decided to pursue this through the courts.
“I blame the municipal manager — the manager is supposed to advise the council.
“I don’t know who he is he working with, but he has allowed this to drag on.”
On Monday, a special council meeting resolved to pay Malungisa back pay as an executive member from October 2024 until June 30 2025.
But Malungisa was still not satisfied.
“The council still made the wrong resolution because I should be paid from 2021.
“My lawyers and I worked out that as of the end of May, the municipality owed me R927,000. Now it’s closer to R1m, if not more.
“Even the money from that resolution has not been paid yet, but I’m still pursuing the matter.”
A letter from Malungisa’s lawyers, Wesley & Hayes Attorneys, seen by the Dispatch, instructed the municipality to pay Malungisa all the claimed salary payments owed as a full-time councillor and executive member.
“In the event that this is not done by the next council meeting, you will leave us with no choice but to approach the high court for a mandamus [a court-issued order] ordering the council to rectify the matter, which will result in enormous legal costs to a council that is already cash-strapped,” the letter said.
Responding, municipal manager Sibongile Sotshongaye said Malungisa’s accusations were factually incorrect.
“The municipal manager cannot deliberately do as he wishes. He or she abides by the laws governing the municipality.
“The council is the supreme body that makes legislation and functionaries implement as directed.
“Sakhisizwe municipality does not have any resolution that the municipal manager has implemented ultra vires [beyond one’s legal authority].
“If anything needs to be clarified with the council’s resolution, doors are open for all the concerned parties.
“Mine is to serve the people of Sakhisizwe with dignity and respect, free from any undue influence.”
Meanwhile, Cala-based IXhalanga Civil Platform’s Bulelani Bunyonyo said Monday’s decision by the council for a part-payment to Malungisa was a second step in the right direction.
“There is still a breach of the councillors’ code of conduct that must be investigated.
“There comes a time in life where one has to publicly disown wrongful actions even if that hurts at home.
“As long as doing so is not with bias and intention to destroy but to build those who were on the wrong side of the law.
“The truth is that this wrongful decision for an unlawfully constituted executive committee was taken with full knowledge and approval of the ANC.
“We say this not to enter the political space, but to prevent this sort of action from happening in future.”
The municipality was one of 16 troubled Eastern Cape authorities said to be slowly collapsing.
The provincial government has flagged these municipalities as being in financial distress.
Cogta portfolio committee chair in the Eastern Cape legislature, Nomasikizi Konza, said they were uninformed regarding the municipality’s internal issues.
“However, I can confirm the municipality is among those implicated in the audit report on issues of performance, and general performance of the municipality.
“What we are yet to receive is the update on the executive committee matter, but I will do a follow up because unfortunately we didn’t focus on that area, but we’ll follow up on how it is dealing with it.”
Daily Dispatch
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