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Constitution defended in precedent-setting Matjhabeng case

Dear Editor

The Democratic Alliance (DA) welcomes the opportunity to defend the Constitution and rights of Matjhabeng residents in the Free State High Court today. This case, when judgment is granted in the DA’s favour, which we believe will be the ultimate result, will also set a precedent that we hope will lead to better municipal financial discipline and service delivery throughout the province.

The DA approached the High Court to grant a declaratory order stating the in terms of section 139(5) of the Constitution, the provincial government must intervene by imposing a financial recovery plan if the municipality fails to comply with section 139 of the Municipal Finance Management Act (MFMA).

The Provincial Executive, under leadership of the Premier, and the Matjhabeng Local Municipality, conceded that the municipality is insolvent and simply asked for one year’s postponement to improve service delivery, without offering any real solutions to the financial crisis within the municipality. The DA would welcome any efforts from the municipality and the provincial government in doing what was required of them in the first place: to deliver services. However, the DA argued that this is not enough and that the requirements of the Constitution must be met by imposing a financial recovery plan.

Residents of Matjhabeng have suffered under poor service delivery as a result of the financial mismanagement of this municipality under the ANC for too long. Corruption, wasteful expenditure and mismanagement is the direct cause of its current inability to do the most basic things that are required of any municipality.

With this court order, the Provincial Executive will be required to come up with a financial recovery plan for the municipality within 6 (six) months and, should the Council fail to adopt legislative measures to give effect to this plan, the Council must be dissolved and new elections must be held. Due to the fact that this will be a High Court order, the precedent will then be set for other municipalities in the province to follow.

The DA will continue to fight for the people of Matjhabeng and the Free State by defending our Constitution and holding failing ANC governments to account.

Regards

George Michalakis MP
DA Constituency Head: Matjhabeng Local Municipality

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