By Thapelo Molefe
The Cabinet is expected to make a crucial decision this week on whether to intervene in the crisis-ridden Ditsobotla Local Municipality in the North West, following a demand from business group Sakeliga to take over public administration and service delivery in the area.
The Ditsobotla municipality has been plagued by severe challenges, including collapsed basic service delivery, corruption, and mismanagement.
According to the Auditor-General, 30% of municipalities may not be viable, with some provinces facing even higher rates of dysfunction.
Sakeliga’s demand is based on Section 139(7) of the Constitution, which allows for national intervention in municipalities facing severe crises.
In a statement on Tuesday, the group warned that failure to address state failure in rural areas like Ditsobotla could trigger a chain reaction of destabilisation, ultimately affecting urban areas and the country as a whole.
“Businesses are not taking up this fight merely because they are not receiving any services, but because state failure, the Cabinet’s dereliction of duty, and government’s repeated obstruction of businesses’ efforts to rectify matters are destroying the life of our towns and all our communities,” Sakeliga said.
In response to Sakeliga’s demands last month, the Minister of Cooperative Governance and Traditional Affairs Velinkosini Hlabisa said they were going to present a proposal for the national government intervention in terms of section 139(7).
“The following Tuesday, the matter will be serving before Cabinet and I am confident that the Cabinet is going to approve the intervention,” Hlabisa said at the time.
However, Sakeliga disputes Hlabisa’s claim that litigation can be avoided.
“I don’t think we will reach a stage of litigation between us and the businesspeople,” Hlabisa said.
This prompted Sakeliga to clarify that the government has already been engaged in prolonged litigation over service delivery issues.
“The government has for years already been at a stage of litigation with Sakeliga and our business and community partners,” Sakeliga stated.
“In fact, the government has long waged lawfare with taxpayer money, by opposing and delaying without justification legal processes aimed at forcing the government to act.”
Sakeliga has threatened to pursue personal cost orders against President Cyril Ramaphosa, Minister Hlabisa, and other cabinet members if they fail to comply with the demand.
The group’s attorneys are preparing supplementary affidavits in anticipation of potential non-compliance.
A decision is expected this week, with Sakeliga warning that failure to act would aggravate the Cabinet’s breach of duty and lead to further litigation.
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