Criminal Charges to Be Laid Against Failing Municipal Managers

Statement by George Michalakis MP – DA Parliamentary Leader:

The Democratic Alliance will lay criminal charges against 10 municipal managers from nine municipalities (2 in the Maluti-A-Phofung Local Municipality) over repeated failures in financial management and accountability – (See below for the list as published by the DA).

These officials have overseen municipalities that have repeatedly received disclaimed audit opinions, failed to implement Auditor-General recommendations and allowed serious financial management failures to persist.

The DA has identified these officials as repeat offenders based on findings contained in Auditor-General reports. In several cases, municipalities have recorded consecutive years of disclaimer opinions, with some failures continuing for up to a decade.

The charges will be pursued under Section 173(1) of the Municipal Finance Management Act, which provides for offences relating to gross negligence, material accounting irregularities and providing false information to the Auditor-General.

The DA’s plan is clear: appoint competent officials on merit, enforce accountability without exception and professionalise municipal administration through continuous skills development.

South Africans deserve municipalities that work, protect public money and deliver basic services. The culture of political protection and consequence-free mismanagement must end.

THE OFFENDERS – Charge Sheet – under MFMA

1. Makana Local Municipality (Eastern Cape): Mr. Pumelelo Maxwell Kate

• Appointed: 1 November 2022.
• The Record: Seven consecutive disclaimed audits.

2. Sundays River Valley Local Municipality (Eastern Cape): Mr. Thabiso Klaas

• Appointed: 1 January 2023.
• The Record: Seven consecutive years of disclaimer audits.

3. Masilonyana Local Municipality (Free State): Mr. Majalefa Matlole

• Appointed: October 2023.
• The Record: A decade of disclaimed audit opinions.

4. Nketoana Local Municipality (Free State): Mr. Mokete Solomon Nhlapo

• Appointed: January 2023.
• The Record: Seven years of disclaimers and five persistent material irregularities.

5. Mohokare Local Municipality (Free State): Mr. MS Mohale

• Appointed (Acting): 1 December 2023 (appointed as acting more than once, and
  currently acting again)
• The Record: Three years of disclaimed audits and seven material irregularities.

6. Ditsobotla Local Municipality (North West): Mr. Olaotse Bojosinvane

• Appointed: July 2024.
• The Record: Nine years of audit failure.

7. Kannaland Local Municipality (Western Cape): Adv. Dillo Sereo

• Appointed (Acting): July 2024.
• The Record: Four years of disclaimed audit opinions.

8. Maluti-A-Phofung Local Municipality (Free State): Adv. M.M. Mofokeng & Dr. F.P. Mothamaha

• Appointed: Mofokeng (November 2024) / Mothamaha (March 2020).
• The Record: Identified as one of the worst-performing municipalities in South
  Africa.

9. Ngaka Modiri Molema District Municipality (North West): Mr Olehile Allan Losaba

• Appointed: 2019; Suspended for misconduct in 2025
• The Failures: Found personally liable by the Auditor General for R4.6m in an inflated water tanker contract, while residents sit with dry taps. This contract has also been sent for criminal referral.