Has a Criminal Case Been Opened on Emfuleni’s Missing R16 Million?

ActionSA notes the response issued by the Gauteng MEC for Cooperative Governance and Traditional Affairs, Jacob Mamabolo, in which he dismisses our concerns regarding the R16 million fleet procurement scandal in Emfuleni Local Municipality.

We view the MEC’s response as a pure deflection.

At no point does the MEC answer the most basic and necessary question: Has a criminal case been opened in relation to the missing R16 million – yes or no?

Instead, the MEC seeks to justify inaction by hiding behind so-called “internal processes” and by incorrectly framing legitimate oversight as unlawful interference.

Let us be clear.

When public funds are paid for goods that were not delivered, and municipal officials sign off on such transactions, this is not an internal administrative matter. It raises serious concerns of financial misconduct and potential criminality.

The law is equally clear: the reporting of corruption and financial misconduct involving public funds is not discretionary – it is a statutory obligation. Any delay in opening a criminal case risk compromising evidence, undermining accountability, and enabling those implicated to evade consequence.

The MEC’s reliance on “due process” is therefore misplaced. Due process does not mean delay. It does not mean silence. And it certainly does not mean shielding a municipality from scrutiny while serious allegations remain unanswered.

Equally concerning is the MEC’s assertion that provincial government “cannot interfere” in municipal matters. This is a misrepresentation of the law. In terms of Section 105 of the Municipal Systems Act, the MEC is empowered to investigate and, where necessary, compel information from a municipality where there are serious concerns regarding maladministration, fraud, corruption, or financial mismanagement.

The failure to utilise these powers in the face of a R16 million procurement scandal is not compliance with the law – it is an abdication of oversight responsibility.

South Africans have seen the consequences of this kind of inaction before. Moments like the Madlanga intervention do not arise in isolation. They are the result of sustained failure by those with the power to act. When oversight is ignored and accountability delayed, the system is forced into crisis response. This matter must not be allowed to reach that point.

ActionSA’s intervention is grounded in principles of accountability and the rule of law. It is not political opportunism – it is a necessary response to the potential loss of public funds.

The attempt to dismiss this matter as electioneering is both unfortunate and revealing. It suggests a preference to politicise accountability rather than to enforce it.

ActionSA will not be deterred.

We reiterate our call on the MEC to provide clear and direct answers to the following:

1. Whether a criminal case has been formally opened with SAPS or the Hawks;
2. What immediate steps have been taken to hold implicated officials accountable;
3. What measures are in place to recover the missing public funds; and
4. What timelines have been set to conclude the municipality’s internal processes.

The people of Emfuleni deserve transparency. They deserve accountability. And above all, they deserve a government that acts decisively when public money goes missing.

Anything less is a betrayal of public trust.

ActionSA Social Justice: Advocates for “Social Justice” over traditional BEE.